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PEOPLE v. O'BRYAN

28 A.D.2d 936 (1967)

The People of the State of New York, Respondent, v. Gilbert Edward O'Bryan, Appellant

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

July 6, 1967

MEMORANDUM BY THE COURT.

The affidavits present a sufficient factual issue so as to require a hearing as to what conversations, if any, took place between the defendant-appellant and his assigned counsel concerning the filing of a notice of appeal following conviction. (See People v. Stewart, 26 A.D.2d 842.) Order reversed, on the law and the facts, and matter remitted to the County Court...

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