Opinion · Nylaw New York

PEOPLE EX REL. LAO v. FAY, 27 A.D.2d 549 [2d Dept 1966]

27 A.D.2d 549

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1966-12-12
Topic: general

PEOPLE EX REL. LAO v. FAY, 27 A.D.2d 549 [2d Dept 1966] THE PEOPLE OF THE STATE OF NEW YORK ex rel. ISRAEL V. LAO, Appellant, v.EDWARD M.

Citator

UpLaw has not yet analyzed PEOPLE EX REL. LAO v. FAY, 27 A.D.2d 549 [2d Dept 1966]. The absence of a flag is not a finding that it is good law.

PEOPLE EX REL. LAO v. FAY,27 A.D.2d 549[2d Dept 1966]

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ISRAEL V. LAO, Appellant, v.

EDWARD M. FAY, as Warden of Green Haven Prison, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

December 12, 1966

Judgment of the Supreme Court, Dutchess County, dated August 9, 1965, reversed, on the law, without costs, and proceeding remitted to the Special Term for the purpose of (1) holding a new hearing, (2) assigning counsel to represent appellant on such hearing and (3) making a determinationde novoon the basis of the proof adduced upon such hearing. No questions of fact were considered by this court. It was error for the Special Term to deny appellant's request that counsel be assigned to represent him and to dismiss the writ without granting the request (Peopleex rel. Kingv.Fay,25 A.D.2d 778;People ex rel. Sladev.Follette,26 A.D.2d 823). Ughetta, Acting P.J., Christ, Brennan, Rabin and Hopkins, JJ., concur.Page 550