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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN H. SAALFIELD, Appellant.

Judgment reversed and a new trial ordered in the following memorandum: The Justice of the Peace is required, during the course of a trial before him, to keep some record thereof, no matter how informal, so as to insure a proper review on appeal ( People v. Giles, 152 N.Y. 136, 140; People v. Wilkins, 281 N.Y. 224, 225). This is especially so in a case such as the one at bar, wherein the defendant made a specific request that a record of the proceedings be kept.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.

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PEOPLE v. SAALFIELD
(Jul 10, 1964)