75 N.Y.S. 290 | N.Y. Sup. Ct. | 1902
This is an application for a peremptory writ of mandamus requiring then comptroller to pay to the relators the sum of $696.31, as heretofore allowed hy proper certificate of a judge of the Court of General Sessions. There is no dispute as to the item, of $500, allowed under section 308 of the Code of Criminal Procedure to the relators as counsel fees for the defense of one Cuoco,. an Italian, indicted and tried for murder, and whom they were-directed to defend. The items in controversy are two: (1) An allowance of $100 for disbursements incurred in employing an Italian interpreter, and (2) an allowance of $96.30 for stenographer’s minutes. Section 308 of the Criminal Code provides-where counsel is assigned' in a case where the offense charged in the indictment is punishable with death, the court, over and above the counsel fee “ may allow such counsel his personal and incidental' expenses upon a verified statement thereof being filed.” In People ex rel. Cantwell v. Coler, 61 App. Div. 598, recently affirmed on
Writ ordered accordingly. No costs.