Opinion
Argued February 20, 1961
Decided February 23, 1961
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE P. STIER, J.
Robert D. Schneider for appellant.
Frank D. O'Connor, District Attorney ( Benj. J. Jacobson of counsel), for respondent.
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.