Opinion
September 26, 1960
Motion for leave to dispense with printing granted. The appeal will be heard on the original papers (including the typed minutes) and on a typewritten brief. The appellant is directed to file five copies of his brief and to serve one copy. The appellant's time to perfect the appeal is enlarged to the January 1961 Term, for which term the appeal is ordered to be placed on the calendar. Motion for assignment of counsel granted. William W. Kleinman, Esq., 66 Court Street, Brooklyn 1, New York, is assigned as counsel to prosecute the appeal.
From the papers submitted it affirmatively appears as matter of law that there is no merit in the appeal, since the issues now raised could have been raised on an appeal by defendant from the judgment of conviction.