Opinion
Argued April 26, 1962
Decided May 10, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRWIN D. DAVIDSON, J.
Gerald Zuckerman, Leon B. Polsky and Anthony F. Marra for appellant.
Frank S. Hogan, District Attorney ( Arthur C. Muhlstock and H. Richard Uviller of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judge FULD dissent and vote to reverse and to remit the case to the Court of General Sessions with directions to vacate its judgment of June 18, 1936 upon the ground that the court records show conclusively that defendant was not represented at all by counsel at the time of arraignment and plea and that at the date of sentence he was not meaningfully represented.