PEOPLE v. NAISTADT


42 Misc.2d 142 (1964)

The People of the State of New York, Respondent, v. Philip Naistadt, Appellant.

County Court, Onondaga County.

January 9, 1964


Attorney(s) appearing for the Case

Michaels & Michaels for appellant. Joseph A. Ryan, District Attorney, for respondent.


ORMAND N. GALE, J.

On October 9, 1963 the defendant moved to vacate a conviction in Justices' Court in the Town of Cicero (STEWART E. DEVAUL, J. P.) by reason of two grounds: 1st. The appellant's attorney was not presented with the required return by the Justice of the Peace, and 2nd. He had been unable to obtain a copy of the trial transcript although duly demanded and paid for.

Subsequently and on November 12, 1963, this court decided that the...

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