People v. Brown
| Decision Date | 18 January 1957 |
| Citation | 158 N.Y.S.2d 1002,3 A.D.2d 696 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Hosey BROWN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
John F. Dwyer, Buffalo, for the People.
Hosey Brown, in pro. per.
Before McCURN, P. J., and VAUGHAN, KIMBALL, WILLIAMS and BASTOW, JJ.
Neither this Court nor the Court of original jurisdiction has power to furnish to a defendant, gratis, a transcript of the minutes of trial, after trial, except in cases where the judgment is of death or of life imprisonment following a recommendation of a jury pursuant to section 1045-a of the Penal Law; Code Crim.Proc. §§ 308, 485; cf. People v. Raymondi, 180 Misc. 973, 43 N.Y.S.2d 217. Any holding to the contrary, as in People v. Jackson, 2 Misc.2d 521, 152 N.Y.S.2d 893, we do not approve.
Motion to dismiss appeal denied. We construe the notice of appeal dated July 9, 1956, to give notice of the appeal from the judgment of conviction; motion granted to appeal on original record and handwritten briefs granted; motion insofar as it seeks an order directing the Court to furnish him gratis a transcript of the trial minutes denied.
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