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People ex rel. Lao v. Fay

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1966
27 A.D.2d 549 (N.Y. App. Div. 1966)

Opinion

December 12, 1966


Judgment of the Supreme Court, Dutchess County, dated August 9, 1965, reversed, on the law, without costs, and proceeding remitted to the Special Term for the purpose of (1) holding a new hearing, (2) assigning counsel to represent appellant on such hearing and (3) making a determination de novo on the basis of the proof adduced upon such hearing. No questions of fact were considered by this court. It was error for the Special Term to deny appellant's request that counsel be assigned to represent him and to dismiss the writ without granting the request ( People ex rel. King v. Fay, 25 A.D.2d 778; People ex rel. Slade v. Follette, 26 A.D.2d 823). Ughetta, Acting P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.


Summaries of

People ex rel. Lao v. Fay

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1966
27 A.D.2d 549 (N.Y. App. Div. 1966)
Case details for

People ex rel. Lao v. Fay

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ISRAEL V. LAO, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 12, 1966

Citations

27 A.D.2d 549 (N.Y. App. Div. 1966)