People v. Fearon
| Decision Date | 10 July 1963 |
| Citation | 192 N.E.2d 8,242 N.Y.S.2d 33,13 N.Y.2d 59 |
| Parties | , 192 N.E.2d 8 The PEOPLE of the State of New York, Respondent, v. Frank FEARON, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
William J. Doyle and Anthony F. Marra, New York City, for appellant.
Edward S. Silver, Dist. Atty. (William I. Siegel, Brooklyn, of counsel), for respondent.
Defendant argues that his conviction should have been reversed in the Appellate Division because the record on appeal in that court did not contain the summations of counsel. Apparently the summations were not taken down by the stenographer except as to one part of the prosecutor's speech to which defendant objected and a similar incident during the summation by defense counsel. Neither of these excerpts shows any erroneous ruling or any serious misconduct. As to the argument that in every criminal cause the closing speeches of counsel must be recorded in full, the Judges of this court know from experience as well as from records filed with us that in many parts of the State (as in other States see, for instance, Magoohan v. Curran, 71 Conn. 551, 42 A. 656) such has not been the practice. However, various statutes (see Code Crim.Proc, §§ 388, 456, 458, 485; Judiciary Law, Consol.Laws, c. 30, § 295) if read literally require that 'the entire proceedings' of the trial be taken down stenographically.
While the present record shows an absence of prejudice to defendant from a failure to record the summations as well as an implied waiver of such recording, it would seem to be better practice in criminal causes for the Judge to order the summations to be taken down by the stenographer unless both counsel stipulate to the contrary.
The judgment should be affirmed.
Judgment affirmed.
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Ex Parte Thorbus
...have been transcribed on request of petitioner's paid counsel, but that no such request was timely made. Cf. People v. Fearon, 13 N.Y.2d 59, 242 N.Y.S.2d 33, 192 N.E.2d 8 (1963). Moreover, the passages where disputes occurred, raising questions which might have been (and, in several instanc......
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United States ex rel. Hunter v. Follette
...have been transcribed on request of petitioner's paid counsel, but that no such request was timely made. Cf. People v. Fearon, 13 N.Y.2d 59, 242 N.Y.S.2d 33, 192 N.E.2d 8 (1963). Moreover, the passages where disputes occurred, raising questions which might have been (and, in several instanc......
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Devine v. Keller
...defendant's objections, together with the related statements and rulings, recorded as requested at the time. (People v. Fearon, 13 N.Y.2d 59, 242 N.Y.S.2d 33, 192 N.E.2d 8; Pacific Bank v. Worth, 220 App.Div. 830, 222 N.Y.S. 867; Paffen v. City of New York, 176 App.Div. 423, 162 N.Y.S. 723;......
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People v. Wanass
...that right, section 295 of the Judiciary Law requires that full stenographic notes be taken of all trial proceedings]; People v. Fearon, 13 N.Y.2d 59, 61, 242 N.Y.S.2d 33, 192 N.E.2d 8 [1963] ; People v. Koufomichalis, 2 A.D.3d 987, 989, 768 N.Y.S.2d 246 [2003], lv. denied 2 N.Y.3d 742, 778......