People v. Coleman

• Decision Date: 23 February 1993
• Citation: People v. Coleman, 595 N.Y.S.2d 384, 81 N.Y.2d 826, 611 N.E.2d 285 (N.Y. 1993)
• Parties: , 611 N.E.2d 285 The PEOPLE of the State of New York, Respondent, v. Earl COLEMAN, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 384

595 N.Y.S.2d 384

81 N.Y.2d 826, 611 N.E.2d 285

The PEOPLE of the State of New York, Respondent, v.Earl COLEMAN, Appellant.

Court of Appeals of New York.

Feb. 23, 1993.

Frances S. Clemente, and Carl L. Silverstein, Monticello, for appellant.

Stephen F. Lungen, Dist. Atty. of Sullivan County, Monticello (Claire Sullivan, of counsel), for respondent.

OPINION OF THE COURTMEMORANDUM.

The order of the Appellate Division, 178 A.D.2d 842, 577 N.Y.S.2d 900, should be reversed and the case remitted to County Court, Sullivan County, for further proceedings in accordance with this memorandum.As to counts one and two of the indictment, there should be a new trial.Defendant's plea of guilty to count three in satisfaction of counts three and four of the indictment should be vacated and further proceedings had on those counts of the indictment.

Defendant was convicted, following a jury trial, of counts one and two of an indictment, burglary in the second degree and criminal possession of stolen property in the first degree.Following that trial defendant pleaded guilty to count three of the indictment in satisfaction of counts three and four, which had been severed from counts one and two.

Prior to trial defendant moved to suppress physical evidence, a motion which was denied.Before the end of the suppression hearing, defendant, an indigent, requested a free transcript of the suppression hearing, "a fundamental constitutional right"(People v. West, 29 N.Y.2d 728, 729, 326 N.Y.S.2d 388, 276 N.E.2d...