PEOPLE v. PETERS


16 A.D.2d 171 (1962)

The People of the State of New York, Respondent, v. Herbert W. Peters, Appellant

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

April 10, 1962.


Attorney(s) appearing for the Case

John D. Allardice for appellant.

David A. Hendler, District Attorney, for respondent.

GIBSON and TAYLOR, JJ., concur with HERLIHY, J.; BERGAN, P. J., dissents and votes to affirm in opinion, in which REYNOLDS, J., concurs.


HERLIHY, J.

The present record shows that when the matter was remitted to the Columbia County Court, pursuant to our order, the defendant was represented by counsel and the changes requested on behalf of the defendant were made in toto and without opposition by the District Attorney. It should be further noted that the changes are in no way pertinent to the two issues presently raised on this appeal: First, the defendant

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