SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
November 3, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
WILLIAM J. JARRELS, APPELLANT
Motion by appellant pro sefor reargument of appeal from order of the Supreme Court, Queens County, dated May 20, 1966, granted; and, upon reargument, decision of this court dated October 28, 1968 (30 A.D.2d 1053) amended by striking therefrom the following: "affirmed.
Beldock, P. J., Christ, Brennan, Rabin and Martuscello, JJ., concur.
No opinion."; and substituting therefor; "reversed, on the law, and case remitted to the Criminal Term for a hearing on defendant's claim that his counsel did not keep a promise to take an appeal (People v. Callaway, 24 N.Y.2d 127; People v. Montgomery, 24 N.Y.2d 130). The findings of fact below upon the issue of whether the prison authorities refused to provide defendant with postage to enable him to file a notice of appeal are affirmed. Order dated October 28, 1968 amended accordingly."
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