Opinion
October 24, 1961
Judgment of conviction unanimously reversed on the law and on the facts and matter remanded to the Court of Special Sessions for a new trial. It is conceded that defendant was not advised of his right to be tried by a court of three Judges as required by section 131 of the New York City Criminal Courts Act. The effect of such failure to advise is to deprive the court of jurisdiction and render the proceedings of no force and effect ( People v. Mappa, 7 A.D.2d 222; People v. Schulman, 13 A.D.2d 441; People v. Genova, 273 App. Div. 496). As it would be futile to speculate on what questions would be presented on the trial above ordered, discussion on the other points raised in the briefs would not be feasible at this time.
Concur — Valente, J.P., McNally, Stevens, Eager and Steuer, JJ.