People v. Hill
| Decision Date | 21 October 1968 |
| Citation | 30 A.D.2d 976,294 N.Y.S.2d 597 |
| Parties | The PEOPLE, etc., Respondent, v. Ike HILL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
William Cahn, Dist. Atty., Nassau County, for respondent; Donald Paul DeRiggi, Asst. Dist. Atty., of counsel.
James J. McDonough, Atty. in Charge, Legal Aid Society of Nassau County, Criminal Division, Mineola, for defendant-appellant; Matthew Muraskin, Mineola, of counsel.
Before BELDOCK, P.J., and CHRIST, BRENNAN, RABIN and MARTUSCELLO, JJ.
MEMORANDUM BY THE COURT.
Order of the County Court, Nassau County, entered February 29, 1968, affirmed.
The only allegation in the petition which would entitle appellant to Coram nobis relief, if proved, was that the complaining witness had said off the record that he could not identify appellant as one of the men who robbed him and that the District Attorney, knowing of these statements, intentionally or unintentionally suppressed this evidence favorable to appellant. We can and do take judicial notice of the record on appeal in this court in People v. Ferguson, 26 A.D.2d 772, 272 N.Y.S.2d 977 and People v. Duff, 26 A.D.2d 772, 272 N.Y.S.2d 977 (). Appellant was tried together with Ferguson and Duff. The trial minutes establish that the complaining witness testified that he could not identify appellant as one of the men who had held him up. That record conclusively refutes appellant's claim.
There is no obligation to assign counsel to assist in the prosecution of specious issues (People ex rel. Williams v. La Vallee, 19 N.Y.2d 238, 241, 279 N.Y.S.2d 1, 3, 225 N.E.2d 735, 736).
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