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PEOPLE v. PASCOCELLO

15 N.Y.2d 629 (1964)

The People of the State of New York, Respondent, v. William Pascocello, Appellant.

Court of Appeals of the State of New York.

Decided November 25, 1964.

Attorney(s) appearing for the Case

Joseph Aronstein for appellant.

Frank S. Hogan, District Attorney (Robert B. Sperling and H. Richard Uviller of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.

Order of Appellate Term dismissing the appeal for lack of prosecution reversed and the matter remitted to that court to reinstate the appeal and to grant defendant's motion for leave to appeal as a poor person. It was error to deny such motion where indigency was alleged and was not controverted (People v. Pitts, 6 N.Y.2d 288; Griffin v. Illinois, 351 U.S. 12

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