People v. Abair — 9 N.Y.2d 899

Majority

p. 899

The People of the State of New York, Respondent, v. Edward R. Abair, Appellant.

Submitted April 20, 1961;

decided April 27, 1961.

J. Kevin Meneilly for appellant.

Edward S. Silver, District Attorney (Frank Di Lalla 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. Robertson, 8 N Y 2d 1149 ; People v. Breslin, 4 N Y 2d 73 ). No opinion.

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