PEOPLE v. DALRYMPLE, 12 N.Y.2d 892 (1963)

237 N.Y.S.2d 1000, 188 N.E.2d 265

Court of Appeals of the State of New York.Argued January 17, 1963
Decided January 23, 1963

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, FREDERICK W. LOOMIS, J.

Page 893

George W. Harder for appellant.

Joseph A. Mogavero, Jr., District Attorney, for respondent.

Order affirmed; no opinion.

Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, FOSTER and SCILEPPI. Judge FULD dissents and votes to reverse and to order a hearing on the ground that, upon the allegations of defendant’s petition for coram nobis, a triable issue exists as to whether defendant had intelligently and understandably waived his right to counsel.