PEOPLE v. BIRD


22 N.Y.2d 664 (1968)

The People of the State of New York, Respondent, v. David T. Bird, Appellant.

Court of Appeals of the State of New York.

Decided May 15, 1968.


Attorney(s) appearing for the Case

William J. Diggins for appellant.

Michael F. Dillon, District Attorney (Thomas P. Flaherty of counsel), for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.


Judgment reversed and case remitted to the Court of Special Sessions of the Town of Aurora, Erie County, for further proceedings. The return shows a failure by the Justice to make the determination required by the Code of Criminal Procedure (§ 699, subd. 1, par. c) that there was a knowledgeable waiver of the right to counsel by defendant; and it does not show defendant was advised he was entitled to communicate free of charge with a relative or friend (§ 699, subd...

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