People v. Garcia — 8 N.Y.2d 1143

Majority

p. 1143

The People of the State of New York, Respondent, v. Michael A. Garcia, Appellant.

Argued November 15, 1960;

decided December 1, 1960.

p. 1144

William Grace Crane for appellant.

Frank D. O’Connor, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Order reversed and case remanded to the Appellate Division for reinstatement of the appeal to be heard upon the original papers (People v. Borum, 8 N Y 2d 177 ). On such reinstated appeal appellant will be entitled either to have a copy of the original papers or to assignment of counsel (People v. Kalan, 2 N Y 2d 278 ; People v. Breslin, 4 N Y 2d 73 ). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.