Opinion
Argued June 2, 1964
Decided July 10, 1964
Appeal from the Erie County Court, ROGER E. PYLE, Acting P.J.
Frank P. Della Posta for appellant.
Michael F. Dillon, District Attorney ( Arthur G. Baumeister and Theodore S. Kasler of counsel), for respondent.
Judgment reversed and a new trial ordered in the following memorandum: The Justice of the Peace is required, during the course of a trial before him, to keep some record thereof, no matter how informal, so as to insure a proper review on appeal ( People v. Giles, 152 N.Y. 136, 140; People v. Wilkins, 281 N.Y. 224, 225). This is especially so in a case such as the one at bar, wherein the defendant made a specific request that a record of the proceedings be kept.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.