People v. Lewis

Appellate Division of the Supreme Court of New York

People v. Lewis

30 A.D.2d 931, 1968 N.Y. App. Div. LEXIS 3304

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 12, 1968

StatusPublished

This text of 30 A.D.2d 931 (People v. Lewis) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Lewis, 30 A.D.2d 931, 1968 N.Y. App. Div. LEXIS 3304 (N.Y. Ct. App. 1968).

Pincite

Opinion

Motion by counsel to be relieved of assignment to conduct appeal denied. Memorandum: Heretofore the Public Defender of Erie County [932]*932was assigned to conduct an appeal from an order of Erie County Court entered May 29,1968. Application is now made to be relieved of the assignment because the appeal “ is wholly without merit.” It has been held that the “ statutory right to appeal does not depend upon the existence of meritorious points [and] an appellate court may not insist upon an indigent defendant showing substantial merit before entertaining his appeal.” (People v. Borum, 8 N Y 2d 177, 178.) Inasmuch as an appellant has been given such right of appeal we will not preliminarily examine applications of this nature and perchance determine in advance that the appeal is frivolous and without merit.

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Motion by counsel to be relieved of assignment to conduct appeal denied. Memorandum: Heretofore the Public Defender of Erie County [932]*932was assigned to conduct an appeal from an order of Erie County Court entered May 29,1968. Application is now made to be relieved of the assignment because the appeal “ is wholly without merit.” It has been held that the “ statutory right to appeal does not depend upon the existence of meritorious points [and] an appellate court may not insist upon an indigent defendant showing substantial merit before entertaining his appeal.” (People v. Borum, 8 N Y 2d 177, 178.) Inasmuch as an appellant has been given such right of appeal we will not preliminarily examine applications of this nature and perchance determine in advance that the appeal is frivolous and without merit.

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Bluebook (online)

30 A.D.2d 931, 1968 N.Y. App. Div. LEXIS 3304, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lewis-nyappdiv-1968.