Summary
In Purvis, again a habeas corpus proceeding, the appeal was submitted to our court on June 1, 1964 and decided July 2, 1964, after our previous refusal to assign counsel, and it was not until February 11, 1965 that the Court of Appeals in People v. Hughes (15 N.Y.2d 172, 173) held that an indigent defendant is entitled to have counsel assigned to represent him on appeal to the Appellate Division, "whether the appeal be from a judgment of conviction or an order denying an application for coram nobis or habeas corpus relief.
Summary of this case from People ex Rel. Jenks v. McMannOpinion
Argued September 29, 1966
Decided October 18, 1966
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, SHERLOCK E. HALEY, J.
Robert F. Doran for appellant.
Louis J. Lefkowitz, Attorney-General ( Winifred C. Stanley and Ruth Kessler Toch of counsel), for respondent.
Order affirmed. Appellant who pleaded not guilty and stood trial on the criminal charge was not prejudiced by the failure to notify him at his arraignment pursuant to then section 335-b of the Code of Criminal Procedure (see People v. Porter, 14 N.Y.2d 785). The refusal of the Appellate Division to assign counsel in that court on the argument of the appeal in this proceeding was erroneous, but it resulted in no prejudice to relator since he was thereafter in fact represented on the appeal by an attorney.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.