People v. Frankewich

New York County Courts

People v. Frankewich

51 Misc. 2d 366, 273 N.Y.S.2d 238, 1966 N.Y. Misc. LEXIS 1605

DecidedAugust 10, 1966

StatusPublished

This text of 51 Misc. 2d 366 (People v. Frankewich) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Frankewich, 51 Misc. 2d 366, 273 N.Y.S.2d 238, 1966 N.Y. Misc. LEXIS 1605 (N.Y. Super. Ct. 1966).

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Opinion

Edmund A. McCarthy, J.

The petitioner herein has presented to this court a claim for compensation of services under the [367]*367Indigent Defendant Law (County Law, § 722-b). The petitioner alleges that he acted as his own counsel in the Herkimer County Court on specified dates, that he did his own legal work on motions and briefs, and requests compensation at the hourly rates set out in the above-mentioned law.

During the coram nobis proceeding referred to by the petitioner, he was, in the opening stages, represented by a duly appointed counsel, who acted for him in his behalf. Later he rejected the services of this counsel and decided to act as his own counsel. Still later, he demanded that counsel be furnished to him. After futile efforts on behalf of the court to secure counsel of the defendant’s own choosing, the coram nobis proceeding was dismissed upon the petitioner’s own motion.

The defendant is not a member of the Bar Association of Herkimer County, or the State of New York, or the American Bar Association. He never offered this court proof of indigency that would have entitled him to the services of an attorney as an indigent defendant. He was never appointed his own counsel as for an indigent defendant, and it is the considered opinion of this court that the County Law provisions covering indigent defendants were never intended to cover a situation as set out in the petitioner’s motion herein.

This motion is, therefore, denied.

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Edmund A. McCarthy, J.

The petitioner herein has presented to this court a claim for compensation of services under the [367]*367Indigent Defendant Law (County Law, § 722-b). The petitioner alleges that he acted as his own counsel in the Herkimer County Court on specified dates, that he did his own legal work on motions and briefs, and requests compensation at the hourly rates set out in the above-mentioned law.

During the coram nobis proceeding referred to by the petitioner, he was, in the opening stages, represented by a duly appointed counsel, who acted for him in his behalf. Later he rejected the services of this counsel and decided to act as his own counsel. Still later, he demanded that counsel be furnished to him. After futile efforts on behalf of the court to secure counsel of the defendant’s own choosing, the coram nobis proceeding was dismissed upon the petitioner’s own motion.

The defendant is not a member of the Bar Association of Herkimer County, or the State of New York, or the American Bar Association. He never offered this court proof of indigency that would have entitled him to the services of an attorney as an indigent defendant. He was never appointed his own counsel as for an indigent defendant, and it is the considered opinion of this court that the County Law provisions covering indigent defendants were never intended to cover a situation as set out in the petitioner’s motion herein.

This motion is, therefore, denied.

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Bluebook (online)

51 Misc. 2d 366, 273 N.Y.S.2d 238, 1966 N.Y. Misc. LEXIS 1605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-frankewich-nycountyct-1966.