Opinion
Submitted October 10, 1950
Decided October 20, 1950
Appeal from the Supreme Court, Appellate Division, Second Department, COLLINS, J.
Louis Phillips, appellant in person.
Frank A. Gulotta, District Attorney ( Philip Huntington and Henry Root Stern, Jr., of counsel), for respondent.
Order affirmed; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, FULD and FROESSEL, JJ. CONWAY, DESMOND and DYE, JJ., dissent upon the ground that it does not appear that the defendant was advised of his right to the aid of counsel. (Code Crim. Pro., § 308; People v. McLaughlin, 291 N.Y. 480; Matter of Bojinoff v. People, 299 N.Y. 145.)