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People v. Simmons

31 N.Y.2d 997 Court N.Y. Decision date 1973-02-08 English

Contents

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p. 997
The People of the State of New York, Respondent, v. Philip Simmons, Appellant. The People of the State of New York, Respondent, v. Dennis J. O’Brien, Appellant.
Argued January 8, 1973;
decided February 8, 1973.
Matthew MurasTcin and James J. McDonough for appellants.
William Gahn, 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 deter

p. 998
mining 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 ease: Order affirmed in memorandum.

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