People v. Houston
| Citation | 31 A.D.2d 777,297 N.Y.S.2d 349 |
| Parties | PEOPLE of the State of New York, Respondent, v. Joseph Junior HOUSTON, Appellant. |
| Decision Date | 09 January 1969 |
| Court | New York Supreme Court Appellate Division |
Thomas Calandra, Medina, for appellant.
Hamilton Doherty, Albion, for respondent.
Before BASTOW, P.J., and DEL VECCHIO, MARSH, WITMER and HENRY, JJ.
The record shows that the defendant served copies of his brief upon the District Attorney in ample time for the latter to prepare and file his brief in response thereto for the December term of this Court. The District Attorney submitted no brief, however, and defaulted and the Court has been required to consider the appeal without benefit of a brief or argument on behalf of the People.
It is the duty of the District Attorney to represent the People on all such appeals from convictions obtained in his County, especially in cases of this seriousness (People v. Wright, 22 A.D.2d 754, 253 N.Y.S.2d 653). We deplore this apparent lack of interest on the part of the District Attorney.
Judgment unanimously affirmed.
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