Opinion
Submitted April 20, 1961
Decided April 27, 1961
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE J. JOYCE, J.
J. Kevin Meneilly for appellant.
Edward S. Silver, District Attorney ( Frank Di Lalla 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). On such reinstated appeal, appellant will be entitled either to have a copy of the original papers or to assignment of counsel ( People v. Robertson, 8 N.Y.2d 1149; People v. Breslin, 4 N.Y.2d 73). No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.