PEOPLE v. BARBER


276 A.D. 1040 (1950)

The People of the State of New York, Respondent, v. Amos Barber, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 8, 1950.


Defendant contends that the convictions in 1902 and 1906 are illegal on the ground that counsel was not assigned to him. The record shows that when defendant was indicted in 1906 counsel was assigned to represent him. The minutes fail to disclose whether counsel was assigned him on the indictment found in 1902. The burden is on defendant to show by clear and convincing proof that his constitutional and statutory rights were denied him upon his arraignment on the 1902 indictment...

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