Opinion
Argued February 18, 1971
Decided June 9, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES C. CRANE, J.
Peter P. McN. Gates and Milton Adler for appellant.
John M. Braisted, Jr., District Attorney ( Norman C. Morse of counsel), for respondent.
Judgment reversed and a new trial ordered in the following memorandum: The failure of the trial court to assist the defendant, who was defending pro se, in producing at the trial the person to whom the defendant initially confessed, was, as the District Attorney most commendably acknowledges, error justifying reversal ( People v. Wells, 272 N.Y. 215).
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.