PEOPLE v. MOSS


4 A.D.2d 810 (1957)

The People of the State of New York, Respondent, v. Garrett Moss, Appellant

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

July 24, 1957


A hearing upon the appellant's application had been ordered by the court but the record upon this appeal does not contain any transcript of the minutes of the hearing. We are informed that the hearing was an informal one at which no stenographic minutes were taken. If the circumstances of the case were such that a hearing was required, the hearing should have been a formal one, at which sworn testimony was received and properly recorded. Furthermore, there are references...

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