People v. Simpson — 21 N.Y. Crim. 458

Majority

p. 458

SUPREME COURT-APP. DIVISION—SECOND DEP.,

Oct. 4, 1907.

THE PEOPLE v. JAMES W. SIMPSON, HENRY S. BRUSH, AS COUNTY TREASURER OF SUFFOLK COUNTY—APPELLANT; MARTIN T. MANTON, COUNSEL FOR THE DEFENDANT, RESPONDENT.

(121 App. Div. 402.)

Headnote

Appeal—Obdeb Allowing Counsel Fees fob Defense of Cbiminal— Pasties.

A county treasurer is not entitled to ' notice of an application for an allowance of counsel fees and disbursements of an attorney assigned to defend one charged with an offense punishable by death, and has no standing to appeal from the order allowing such fees and disbursements.

Appeal by Henry S. Brush, as county Treasurer from so much of an order of the Supreme Court, made at the Suffolk Special Term and entered in the office of the clerk of the county of Suffolk on the 2d day of March, 1907, as requires the appellant to pay to the respondent certain items for disbursements.

Timothy M. Griffing, for appellant.

Martin T. Mantón, respondent, in person.

The respondent was duly assigned as counsel to defend James W. Simpson, who was indicted in the county of Suffolk for the crime of murder in the first degree. The accused was thereafter tried and acquitted. Subsequently an application was made to the Supreme Court at Special Term by the respondent, upon notice to the district attorney, for an allowance of counsel fees and for his personal and incidental expenses. The appli

p. 459

cation resulted in an order granting to the respondent an allowance in the sum of $500 and certain items of disbursements, including expert fees.

By section 308 of Criminal Procedure the allowance made to the counsel becomes a charge upon the county, and the order requires the appellant, as county treasurer, to pay the sum allowed. That official was not a party, however, to the motion, nor has he been substituted or made a party in any way. I do not think he has any connection with the case which makes him an aggrieved party within the meaning, of the provisions of the Code of Civil Procedure, or that he has any standing authorizing him to take this appeal.

The appeal should be dismissed, with ten dollars cost and disbursements.

Hooker, Gaykor, Rich and Miller, JJ„, concurred.

Appeal dismissed, with ten dollars costs and disbursements.