People v. Kass

A resettlement of my order, dated and entered on June 21, 1962, for the alleged purpose of laying the foundation of an appeal therefrom, is made the object of this formal motion.

For its support, the contention is raised that “ neither [my] opinion [now reported in 35 Misc 2d 449], dated June 12, 1962, nor, the order of June 21, 1962, resolve a prime issue of fact vital to defendant’s case,” in that “ The issue whether defendant was arraigned or was not — remains shrouded in ambiguity.”

This contention is without merit, because (a), I left nothing to ambiguity in the opinion, for I made my view…