People v. Wolter — 201 N.Y. 523

Majority

p. 523

The People of the State of New York, Respondent, v. Albert W. Wolter, Appellant.

Headnote

Appeal — capital case — inexcusable delay.

Where there is inexcusable delay in the prosecution of an appeal in a capital case the Court of Appeals will take such steps as may he necessary, cither by assignment of new counsel or otherwise, to protect the interests of the defendant and at the same time those of the public.

(Argued February 6, 1911;

decided February 9, 1911.)

Motion for affirmance by default of an appeal from a judgment of the Co.urt of General Sessions of the Peace in the county of New York, rendered April 27,1910, upon a verdict convicting the defendant of the crime of murder in the first degree.

The motion was made upon the ground that tiie appeal had not been brought on for argument within six months of the time of taking thereof.

Charles 8. Whitman, District Attorney (Robert C. Taylor of counsel), for motion.

Wallace D. Scott opposed.

This motion for judgment of affirmance by default, in consequence of the inexcusable delay of counsel for the defendant in bringing the appeal to argument, will bo denied for the present in order to afford them a still further opportunity to discharge their duty in the premises. The motion may be renewed, however, by the district attorney unless counsel for the defendant shall have filed the necessary papers and briefs within forty days from this date, which time is allowed for that purpose. In the event of a renewal of this motion being necessary the district attorney will furnish the court with a copy of the judgment roll and the original stenographer’s minutes, and the court will take such steps as may then be necessary, either by the assignment of new counsel or otherwise, to protect the interests of the defendant and at the same time those of the public.

Cullen, Ch. J., Vann, Willard Bartlett, Hisoook, Chase and Collin, <TJ., concur ; IIaight, J., concurs in result.

Motion denied.