Opinion
Argued October 5, 1960
Decided October 13, 1960
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE J. JOYCE, J.
John J. Phelan for appellant.
Edward S. Silver, District Attorney ( William I. Siegel of counsel), for respondent.
Order reversed and case remanded to the Appellate Division for reinstatement of the appeal, to be heard on the original papers ( People v. Borum, 8 N.Y.2d 177). On such reinstated appeal appellant will be entitled either to have a copy of said original papers or to assignment of counsel ( People v. Kalan, 2 N.Y.2d 278; People v. Breslin, 4 N.Y.2d 73). No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.