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People v. Pascocello

Court of Appeals of the State of New York
Nov 25, 1964
203 N.E.2d 924 (N.Y. 1964)

Opinion

Submitted November 17, 1964

Decided November 25, 1964

Appeal from the Supreme Court in the First Judicial Department, T. VINCENT QUINN, M., FRANCIS X. O'BRIEN, M.

Joseph Aronstein for appellant.

Frank S. Hogan, District Attorney ( Robert B. Sperling and H. Richard Uviller of counsel), for respondent.


Order of Appellate Term dismissing the appeal for lack of prosecution reversed and the matter remitted to that court to reinstate the appeal and to grant defendant's motion for leave to appeal as a poor person. It was error to deny such motion where indigency was alleged and was not controverted ( People v. Pitts, 6 N.Y.2d 288; Griffin v. Illinois, 351 U.S. 12).

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.


Summaries of

People v. Pascocello

Court of Appeals of the State of New York
Nov 25, 1964
203 N.E.2d 924 (N.Y. 1964)
Case details for

People v. Pascocello

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM PASCOCELLO…

Court:Court of Appeals of the State of New York

Date published: Nov 25, 1964

Citations

203 N.E.2d 924 (N.Y. 1964)
203 N.E.2d 924
255 N.Y.S.2d 673