People v. Naistadt

On October 9,1963 the defendant moved to vacate a conviction in Justices’ Court in the Town of Cicero (Stewart E. DeVaul, J. P.) by reason of two grounds: 1st. The appellant’s attorney was not presented with the required return by the Justice of the Peace, and 2nd. He had been unable to obtain a copy of the trial transcript although duly demanded and paid for. .

Subsequently and on November 12, 1963, this court decided that the filing of the return would necessitate the Justice obtaining the transcript and that the appellant’s remedy was to proceed pursuant to section 757 of the Code of…