New York Court of Appeals, 1963

People ex rel. Lambert v. Wilkins

People ex rel. Lambert v. Wilkins
New York Court of Appeals · Decided November 21, 1963
13 N.Y.2d 991; 194 N.E.2d 694

People ex rel. Lambert v. Wilkins

Opinion of the Court

Order reversed and the case remanded to Appellate Division for reinstatement of the appeal to he heard upon the original papers. The rule of People v. Wilson (7 N Y 2d 568) and People v. Borum (8 N Y 2d 177) applies to habeas corpus proceedings ; but cf. People ex rel. Baumgart v. Martin (9 N Y 2d 351). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Foster and Scileppi.

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