PEOPLE v. EDELSON, 11 N.Y.2d 1035 (1962)

230 N.Y.S.2d 29, 183 N.E.2d 911

Court of Appeals of the State of New York.Argued May 17, 1962
Decided June 12, 1962

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES MARKS, J.

Page 1036

Rose M. Fredrickson for appellant.

Frank S. Hogan, District Attorney (Arthur C. Muhlstock an H. Richard Uviller of counsel), for respondent.

Order reversed and case remanded to the Appellate Division for reinstatement of the appeal to be heard upon the original papers (People v. Borum, 8 N.Y.2d 177; People v. Fish, 9 N.Y.2d 695). On such reinstated appeal, appellant will be entitled either to have a copy of the 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.