Opinion
Argued November 15, 1960
Decided December 1, 1960
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PETER T. FARRELL, J.
William Grace Crane for appellant.
Frank D. O'Connor, District Attorney ( Benj. J. Jacobson 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. 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.