You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

People v. Smith

Citations: 92 N.Y.2d 909; 680 N.Y.S.2d 50; 702 N.E.2d 835; 1998 N.Y. LEXIS 3154

Court: New York Court of Appeals; September 10, 1998; New York; State Supreme Court

Narrative Opinion Summary

Motion to dismiss the appeal has been denied. The motion for assignment of counsel has been granted to the extent that Karen G. Leslie, Esq. will represent the respondent on the appeal at no cost. Counsel is permitted to apply for reimbursement of necessary disbursements related to this assignment, in accordance with the limitations set forth in section 500.10 (c) of the Rules of the Court of Appeals (22 NYCRR 500.10 [c]). Additionally, the motion to waive strict compliance with specific requirements of the Rules of Practice has been denied.

Legal Issues Addressed

Assignment of Counsel at No Cost

Application: The court has granted the appointment of counsel for the respondent, ensuring legal representation without financial burden to the respondent.

Reasoning: The motion for assignment of counsel has been granted to the extent that Karen G. Leslie, Esq. will represent the respondent on the appeal at no cost.

Denial of Motion to Dismiss Appeal

Application: The court has decided not to dismiss the appeal, allowing the appellate process to proceed.

Reasoning: Motion to dismiss the appeal has been denied.

Denial of Motion to Waive Compliance with Rules of Practice

Application: The court has refused to allow a waiver of the strict adherence to certain procedural requirements as set forth in the Rules of Practice.

Reasoning: Additionally, the motion to waive strict compliance with specific requirements of the Rules of Practice has been denied.

Reimbursement for Counsel's Necessary Disbursements

Application: Counsel representing the respondent is permitted to seek reimbursement for necessary expenses incurred during the assignment, adhering to specific procedural rules.

Reasoning: Counsel is permitted to apply for reimbursement of necessary disbursements related to this assignment, in accordance with the limitations set forth in section 500.10 (c) of the Rules of the Court of Appeals (22 NYCRR 500.10 [c]).