People v. Emmett

Chief Judge Fuld.

This appeal presents the question whether a defendant is effectively deprived of his right to an appeal where the Appellate Term has decided against him without allowing his attorney an opportunity to prepare and submit a brief.

Tried in the District Court of Nassau County by a judge without a jury, the defendant was found guilty of issuing a worthless check of some $51 and sentenced to 10 days in jail, execution being suspended. On appeal to the Appellate Term, the defendant, through his lawyer, sought a reversal on two grounds — first, that the evidence failed to establish…