PEOPLE v. SIMMONS, 31 N.Y.2d 997 (1973)

293 N.E.2d 826, 341 N.Y.S.2d 451

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.

Court of Appeals of the State of New York.Argued January 8, 1973
Decided February 8, 1973

Appeal from the Supreme Court for the Ninth and Tenth Judicial Districts of the Second Judicial Department, JULIUS CHINMAN, J., LYMAN D. HALL, J.

Matthew Muraskin and James J. McDonough for appellants.

William Cahn, 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 determining

Page 998

that the defendants did not satisfactorily demonstrate that they were at that time financially unable to obtain counsel (se 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 case: Order affirmed in memorandum.