Formal Opinion No.

Hon. Thomas A. Coughlin, III Commissioner New York State Department of Correctional Services

You have asked whether New York State may reimburse a county for counsel fees paid to Lemuel Smith's counsel for legal services in connection with the People's application for certiorari to the United States Supreme Court from the decision of the New York Court of Appeals invalidating the penalty of death imposed on him for a crime committeed while he was incarcerated in a State correctional facility.

Lemuel Smith appealed directly to the Court of Appeals as of right (CPL, § 450.70[1]) from a judgment…