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People ex rel. Fletcher v. Fay

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 1967
27 A.D.2d 737 (N.Y. App. Div. 1967)

Opinion

February 6, 1967


Judgment of the Supreme Court, Dutchess County, dated August 9, 1965, reversed, on the law, without costs, and proceeding remitted to the court below for the purpose of: (1) holding a further hearing; (2) assigning counsel to represent relator 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. In our opinion, the court below should have granted relator's request for assignment of counsel (see People ex rel. Rogers v. Stanley, 17 N.Y.2d 256). Ughetta, Acting P.J., Christ, Brennan, Hopkins and Munder, JJ., concur.


Summaries of

People ex rel. Fletcher v. Fay

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 1967
27 A.D.2d 737 (N.Y. App. Div. 1967)
Case details for

People ex rel. Fletcher v. Fay

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. RORERT FLETCHER, Appellant, v…

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

Date published: Feb 6, 1967

Citations

27 A.D.2d 737 (N.Y. App. Div. 1967)