PEOPLE v. LA BRAKE


28 N.Y.2d 625 (1971)

The People of the State of New York, Respondent, v. Floyd Harold La Brake, Appellant.

Court of Appeals of the State of New York.

Decided February 18, 1971.


Attorney(s) appearing for the Case

William F. Maginn, Jr. for appellant.

Owens D. Grogan, District Attorney, for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGEN, BREITEL, JASEN and GIBSON concur in Per Curiam opinion; Judge BURKE taking no part.


Per Curiam.

We conclude for the reasons stated in the dissenting opinion at the Appellate Division that the defendant is entitled to a hearing and we write only to emphasize certain aspects of the case.

Although the Appellate Division found nothing in the "record" to indicate that the Public Defender participated in the trial in any way, evidently the reference is to the clerk's minutes and not to the trial...

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