People Ex Rel. Van Doren v. . Prendergast
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 13, 1914, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to pay to the relators the sum of five hundred dollars as compensation for services in defending a person indicted for murder as ordered by the Kings County Court and granted said motion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered November 13, 1914, which reversed an order of Special Term denying a motion for a peremptory writ of mandamus to compel the defendant to pay to the relators the sum of five hundred dollars as compensation for services in defending a person indicted for murder as ordered by the Kings County Court and granted said motion. The facts, as far as material, are stated in the opinion. Unless the statute can be construed to empower the court to engage counsel at the public expense for a…
1Opinion of the CourtHiscock, J.
The relators are seeking to compel the appellant to pay to them the sum of two hundred and fifty dollars respectively for services claimed to have been rendered, under an assignment by the County Court of Kings county, in defending a person indicted for murder. The application presents a phase of what seems to have been a somewhat liberal policy in assigning counsel to act in the defense of criminal prosecutions and in directing their compensation from the public treasury.
One Antoniello was arraigned in a District City Magistrate’s Court in Brooklyn, December 22, 1913, charged with homicide…
2Cases cited1 opinion
- People ex rel. Acritelli v. GroutAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Matter of Snitkin v. TaylorNew York Court of Appeals · 1937
- People Ex Rel. Perry v. BerryNew York Court of Appeals · 1929
- People v. BerkowitzNew York Supreme Court · 1978
- Matter of Snitkin v. TaylorNew York Court of Appeals · 1937
- People ex rel. Perry v. BerryAppellate Division of the Supreme Court of the State of New York · 1928
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