PEOPLE v. FENNELL


4 A.D.2d 999 (1957)

The People of the State of New York, Respondent, v. James M. Fennell, Appellant

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

November 8, 1957


Order reversed in the exercise of discretion and matter remitted to the Oswego County Court for rehearing.

Memorandum:

The defendant gave testimony at the hearing to the effect that he was not represented by counsel at any stage of the proceedings nor was he advised of his right to counsel. The only evidence submitted by the District Attorney was a statistical sheet and the judgment roll, all of which are silent as to the point in issue. A close question is...

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