People v. Fish — 9 N.Y.2d 695

Majority

p. 695

The People of the State of New York, Respondent, v. Robert Fish, Appellant.

Argued February 20, 1961;

decided February 23, 1961.

Robert D. Schneider for appellant.

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

p. 696

Order reversed and the 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 ; People v. Garcia, 8 N Y 2d 1143 ). 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.