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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM LYNCH, Appellant.

The application was made on the ground that he was not advised of his right to counsel, and was not represented by counsel at any stage of the proceedings against him. Order reversed on the law and matter remitted to the County Court for a hearing on the issues and for such further proceedings thereon as may be proper. In our opinion, the extract from the minutes of the proceedings at the time appellant pleaded guilty, relied upon by the People to refute appellant's allegations, does not conclusively establish that he was represented by counsel at that time. The application should not, therefore, have been denied without a hearing. ( People v. Richetti, 302 N.Y. 290; People v. Langan, 303 N.Y. 474; People v. Zedalis, 282 App. Div. 704.) Nolan, P.J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.

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PEOPLE v. LYNCH
(Oct 17, 1955)