PEOPLE v. KUBITZ


28 A.D.2d 969 (1967)

The People of the State of New York, Respondent, v. Robert L. Kubitz, Appellant

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

September 21, 1967


Order unanimously reversed, sentence of January 9, 1963 vacated, and appellant remanded to Monroe County Court for further proceedings in accordance with the following:

Memorandum:

While the record of proceedings of December 12, 1962 purport to show that appellant was represented by an attorney upon the hearing of the charge of violation of probation, it now conclusively appears that the record is in error and defendant at that time neither had counsel nor...

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