From Casetext: Smarter Legal Research

People v. Dowdle

Court of Appeals of the State of New York
Nov 24, 1965
213 N.E.2d 320 (N.Y. 1965)

Opinion

Argued October 18, 1965

Decided November 24, 1965

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, HARRY L. ROSENTHAL, J., GEORGE D. OGDEN, J.

John Manning Regan, appellant in person and for remaining appellants.

Louis J. Lefkowitz, Attorney-General ( Anthony J. Lokot and Ruth Kessler Toch of counsel), for Arthur Levitt, as Comptroller of the State of New York, respondent.

John C. Little, Jr., District Attorney ( Nicholas P. Varlan of counsel), for the People of the State of New York, respondent.

William J. Stevens, Monroe County Legal Adviser ( William R. Baxter of counsel), for Gordon Howe, as Director of Finance of Monroe County, respondent.


Judgment affirmed. Appellant does not demonstrate any legal infirmity in the judgment of conviction for assault, third degree, entered on his plea of guilty. On the appeal from the affirmance of the order denying the application of attorneys for payment of the fee of a psychiatrist retained by the attorneys no constitutional rights of defendant are shown to have been violated since he had the benefit of the physician's services. No rights of the petitioners attorneys or of the physician were violated by the refusal to pay the fee since no effort was made to secure court authorization in advance of retaining the physician.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.


Summaries of

People v. Dowdle

Court of Appeals of the State of New York
Nov 24, 1965
213 N.E.2d 320 (N.Y. 1965)
Case details for

People v. Dowdle

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD ALLEN DOWDLE…

Court:Court of Appeals of the State of New York

Date published: Nov 24, 1965

Citations

213 N.E.2d 320 (N.Y. 1965)
213 N.E.2d 320
265 N.Y.S.2d 912

Citing Cases

People v. Lanthier

We pass on no other question. (Cf. People v. Smyth, 3 N.Y.2d 184; People v. Dowdle, 16 N.Y.2d 1037.) No…

People v. India

Indeed, the Supreme Court has said that the Constitution imposes no such duty upon the State where the…