PEOPLE v. EMMETT


25 N.Y.2d 354 (1969)

The People of the State of New York, Respondent, v. Eli Emmett, Appellant.

Court of Appeals of the State of New York.

Decided November 26, 1969.


Attorney(s) appearing for the Case

Matthew Muraskin and James J. McDonough for appellant.

William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.

Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.


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...

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