People v. Warcup

285 A.D. 1077, 139 N.Y.S.2d 721, 1955 N.Y. App. Div. LEXIS 6711

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 16, 1955
• Status: Published

Opinion

Appeal from a judgment of a City Magistrate sitting as a Court of Special Sessions of the City> yf blew Yoiji, Borough of Richmond, convicting appellant of operating a motor vehicle without being duly licensed (Vehicle and Traffic Law, § 20, subd. 4, par. a). On this appeal appellant contends that the judgment should be reversed and a new trial ordered because of the failure of the court to inform appellant of his right to counsel. The District Attorney does not oppose. Judgment reversed and a new trial ordered. An examination of the record indicates that appellant was not informed of his right to counsel (Code Grim. Pro., § 188). Nolan, P. J., Wenzel, Beldock, Murphy and Ughetta, JJ., concur.