
    The People of the State of New York, Respondent, v. David T. Bird, Appellant.
    Argued, April 16, 1968;
    decided May 15, 1968.
    
      
      William J. Diggins for appellant.
    
      Michael F. Dillon, District Attorney (Thomas P. Flaherty of counsel), for respondent.
   Judgment reversed and case remitted to the Court of Special Sessions of the Town of Aurora, Erie County, for further proceedings. The return shows a failure by the Justice to make the determination required by the Code of Criminal Procedure (§ 699, subd. 1, par. c) that there was a knowledgeable waiver of the right to counsel by defendant; and it does not show defendant was advised he was entitled to communicate free of charge with a relative or friend (§ 699, subd. 1, par. e). If the fact was that the Justice complied with the statute this may be shown by an amended return.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Bbeitel and Jasen.  