Opinion
Argued May 22, 1967
Decided June 1, 1967
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN R. STARKEY, J.
William E. Hellerstein and Anthony F. Marra for appellant.
Aaron E. Koota, District Attorney ( William I. Siegel of counsel), for respondent.
Order reversed and proceedings remitted to the Supreme Court, Kings County, to reconsider the facts and the law in the light of the record in the Criminal Court of Baltimore, Maryland, establishing that defendant's alleged deprivation of counsel in the Maryland proceedings, out of which the prior felony conviction arose, occurred after rather than before indictment.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.