PEOPLE v. FISH

Order reversed and the case remanded to the Appellate Division for reinstatement of the appeal to be heard upon the original papers ( People v. Borum, 8 N.Y.2d 177; People v. Garcia, 8 N.Y.2d 1143). On such reinstated appeal appellant will be entitled either to have a copy of the original papers or to assignment of counsel ( People v. Kalan, 2 N.Y.2d 278; People v. Breslin, 4 N.Y.2d 73). No opinion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.