Legal Opinion

People v. Harvey

New York County Courts

Decided September 29, 1960Published

1Opinion of the Court

Edward Thompson,

Acting County Judge. Defendant is charged with less than a capital crime. He seeks the appointment of two expert witnesses pursuant to section 308 of the Code of Criminal Procedure, these to be used by him to contradict the People’s witnesses in a sanity hearing and to be of assistance to him in preparation for the conduct of a trial.

The defendant has satisfied the statutory prerequisite by submitting an affidavit in pauperis and for the purpose of this decision the court will assume that he has evinced a sufficiency of evidence with respect to his psychotic background and…

2Cases cited5 opinions

  1. Matter of Reilly v. BerryNew York Court of Appeals · 1929
  2. People v. DraperAppellate Division of the Supreme Court of the State of New York · 1915
  3. People v. Marx, New York County Courts1957
  4. Marcus v. JosephNew York Court of Appeals · 1953
  5. Marcus v. JosephAppellate Division of the Supreme Court of the State of New York · 1953

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