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PEOPLE v. REILLY

5 A.D.2d 1035 (1958)

The People of the State of New York, Respondent, v. Thomas P. Reilly, Appellant

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

April 28, 1958

In opposition to the application the District Attorney submitted an affidavit stating that his office records show that counsel had been assigned to the defendant and had acted for him. The originals of those records were submitted to the Judge on the application and examined by him. The court's ex parte examination of proof afforded no opportunity to the defendant to meet or controvert the proof and this is not cured by filing of...

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