From Casetext: Smarter Legal Research

People v. Fish

Court of Appeals of the State of New York
Feb 23, 1961
9 N.Y.2d 695 (N.Y. 1961)

Opinion

Argued February 20, 1961

Decided February 23, 1961

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE P. STIER, J.

Robert D. Schneider for appellant.

Frank D. O'Connor, District Attorney ( Benj. J. Jacobson of counsel), for respondent.


Order reversed and the 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. Garcia, 8 N.Y.2d 1143). 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.


Summaries of

People v. Fish

Court of Appeals of the State of New York
Feb 23, 1961
9 N.Y.2d 695 (N.Y. 1961)
Case details for

People v. Fish

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT FISH, Appellant

Court:Court of Appeals of the State of New York

Date published: Feb 23, 1961

Citations

9 N.Y.2d 695 (N.Y. 1961)
212 N.Y.S.2d 753
173 N.E.2d 678

Citing Cases

United States v. LaVallee

People v. Borum, 8 N.Y.2d 177, 203 N.Y.S.2d 84, 168 N.E.2d 527 (1960). See also People v. Fish, 9 N.Y.2d 695,…

People v. Tyson

Michael F. Dillon, District Attorney ( Arthur G. Baumeister and Barbara M. Sims of counsel), for respondent.…