People v. Carey

{concurring). October 28, 1963, defendant was placed on 2 years’ probation, the conditions of which included payment of a $100 fine at the rate of $10 per month. On the same date, defendant consented to the terms of the probation order by affixing his signature thereto. November 14, 1963, defendant filed motion for new trial with no date noticed for hearing the same. November 15, 1963, the people filed answer to this motion. By praecipe dated November 25, 1964, the prosecuting attorney noticed the motion for hearing December 7, 1964. By similar action under date of December '3, 1964, the…