Opinion
Submitted October 5, 1959
Decided December 30, 1959
Bella V. Dodd for motion.
Frank S. Hogan, District Attorney ( Charles W. Manning of counsel), opposed.
MOTION by defendant "for an order directing that an expert on disputed documents be appointed for and on behalf of the defendant pursuant to Section 308 of the Code of Criminal Procedure". By decision rendered on June 25, 1958 ( 4 N.Y.2d 978), the Court of Appeals, upon a motion for an order in the nature of a writ of error coram nobis, directed "a hearing * * * with special reference to the two copies of the official stenographer's minutes and the stenographer's original notes now in the possession of the Clerk of the Court of Appeals." Thereafter such hearing was held. A motion for the relief herein sought was made before the Court of General Sessions and was denied. Section 308 of the Code of Criminal Procedure provided that, "In any case in which experts may be employed as witnesses and * * * defendant is not financially able to employ experts, the court to which the indictment is presented or sent or removed for trial or a judge or justice thereof may direct the employment of expert witnesses for the defendant".
Motion dismissed upon the ground that the Court of Appeals lacks jurisdiction to entertain it.