People v. Simmons (31 N.Y.2d 997, 1973)

Memorandum. Upon application for assignment of counsel to prosecute an appeal from a judgment of conviction for harassment, the Appellate Term did not abuse its discretion in determining that the defendants did not satisfactorily demonstrate that they were at that time financially unable to obtain counsel (see People v. Salman, 31 N Y 2d 841; People v. Hollis, 29 N Y 2d 727; cf. Matter of Legal Aid Soc. of Nassau County, N. Y. v. Samenga, 39 A D 2d 912).

Chief Judge Fuld and Judges Burke, Jasen, Gabrielli, Jones and Wachtler concur; Judge Breitel taking no part.

In each ease: Order affirmed in memorandum.