People ex rel. Green v. Fay

Appellate Division of the Supreme Court of New York

People ex rel. Green v. Fay

27 A.D.2d 737, 279 N.Y.S.2d 156, 1967 N.Y. App. Div. LEXIS 4925

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 6, 1967

StatusPublished

This text of 27 A.D.2d 737 (People ex rel. Green v. Fay) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Green v. Fay, 27 A.D.2d 737, 279 N.Y.S.2d 156, 1967 N.Y. App. Div. LEXIS 4925 (N.Y. Ct. App. 1967).

Pincite

Opinion

— Judgment of the Supreme Court, Dutchess County, dated October 20, 1964, reversed, on the law, without costs, and proceeding remitted to the court below for the purpose of: (1) holding a further hearing; (2) assigning counsel to represent relator on such hearing; and (3) making a determination de novo on the basis of the proof adduced upon such hearing. No questions of fact were considered. It was error to deny relator’s request that counsel be appointed to represent him and to dismiss the writ without granting that request (People ex rel. Slade v. Follette, 26 A D 2d 823; People ex rel. Rodriguez v. La Vallee, 26 A D 2d 8; cf. People ex rel. Rogers v. Stanley, 17 N Y 2d 256; People v. Monahan, 17 N Y 2d 310). Ughetta, Acting P. J., Christ, Brennan, Hopkins and Munder, JJ., concur.

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— Judgment of the Supreme Court, Dutchess County, dated October 20, 1964, reversed, on the law, without costs, and proceeding remitted to the court below for the purpose of: (1) holding a further hearing; (2) assigning counsel to represent relator on such hearing; and (3) making a determination de novo on the basis of the proof adduced upon such hearing. No questions of fact were considered. It was error to deny relator’s request that counsel be appointed to represent him and to dismiss the writ without granting that request (People ex rel. Slade v. Follette, 26 A D 2d 823; People ex rel. Rodriguez v. La Vallee, 26 A D 2d 8; cf. People ex rel. Rogers v. Stanley, 17 N Y 2d 256; People v. Monahan, 17 N Y 2d 310). Ughetta, Acting P. J., Christ, Brennan, Hopkins and Munder, JJ., concur.

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Bluebook (online)

27 A.D.2d 737, 279 N.Y.S.2d 156, 1967 N.Y. App. Div. LEXIS 4925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-green-v-fay-nyappdiv-1967.