PEOPLE v. SOUCI


17 N.Y.2d 684 (1966)

The People of the State of New York, Respondent, v. George San Souci, Appellant.

Court of Appeals of the State of New York.

Decided March 31, 1966.


Attorney(s) appearing for the Case

James J. Leff for appellant.

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

Concur: Chief Judge DESMOND and Judges VAN VOORHIS, SCILEPPI and BERGAN. Judge KEATING dissents in the following opinion in which Judges FULD and BURKE concur.


Judgment affirmed.

KEATING, J. (dissenting).

The sole question in this case is whether appellant is entitled to be remanded for resentencing. It is undisputed that at the time of sentencing appellant did not have counsel present — and that he repeatedly requested the court to delay sentencing until his lawyer arrived.

Equally apparent is the fact that both courts below, as well as a majority of this court, concluded that appellant...

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