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People v. Simmons

Court of Appeals of the State of New York
Feb 8, 1973
31 N.Y.2d 997 (N.Y. 1973)

Opinion

Argued January 8, 1973

Decided February 8, 1973

Appeal from the Supreme Court for the Ninth and Tenth Judicial Districts of the Second Judicial Department, JULIUS CHINMAN, J., LYMAN D. HALL, J.

Matthew Muraskin and James J. McDonough for appellants.

William Cahn, District Attorney ( Henry P. DeVine of counsel), for respondent.


MEMORANDUM. Upon application for assignment of counsel to prosecute an appeal from a judgment of conviction for harassment, the Appellate Term did not abuse its discretion in determining that the defendants did not satisfactorily demonstrate that they were at that time financially unable to obtain counsel (see People v. Salman, 31 N.Y.2d 841; People v. Hollis, 29 N.Y.2d 727; cf. Matter of Legal Aid Soc. of Nassau County, N.Y. v. Samenga, 39 A.D.2d 912).

Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER concur; Judge BREITEL taking no part.

In each case: Order affirmed in memorandum.


Summaries of

People v. Simmons

Court of Appeals of the State of New York
Feb 8, 1973
31 N.Y.2d 997 (N.Y. 1973)
Case details for

People v. Simmons

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PHILIP SIMMONS…

Court:Court of Appeals of the State of New York

Date published: Feb 8, 1973

Citations

31 N.Y.2d 997 (N.Y. 1973)
341 N.Y.S.2d 451
293 N.E.2d 826

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