People v. Shenandoah

• Decision Date: 25 March 1975
• Citation: 81 Misc.2d 316,365 N.Y.S.2d 969
• Parties: The PEOPLE of the State of New York, Plaintiff-Respondent, v. Stephen SHENANDOAH et al., Defendants-Appellants.
• Court: New York County Court

Page 969

365 N.Y.S.2d 969

81 Misc.2d 316

The PEOPLE of the State of New York, Plaintiff-Respondent, v. Stephen SHENANDOAH et al., Defendants-Appellants.

Onondaga County Court.

March 25, 1975.

Jon K. Holcombe, Dist. Atty. of Onondaga County, James D. Lantier, Syracuse, of counsel, for the People.

Frank H. Hiscock, Legal Aid Society, Syracuse, Roger W. Miller, Syracuse, of counsel, for defendant Shenandoah.

Gerald P. Berkery, Syracuse, for defendant Halsell.

Langston C. McKinney, Syracuse, of counsel, for defendant Printup.

Eleanor Miller, Syracuse, of counsel, for defendant Huddleston.

WILLIAM J. BURKE, Judge.

DECISION

The instant decision involves several appeals from judgments of convictions entered in the Syracuse City Court, Criminal Division. The defendants request that this court summarily reverse the convictions because the defendants' fundamental right to appeal has been frustrated by the unavailability of the transcripts of the proceedings leading to their various convictions.

PEOPLE VS. STEPHEN SHENANDOAH

The facts indicate that the defendant was arraigned on November 11, 1974 and allegedly waived his right to counsel and thereupon entered a plea of guilty. The defendant was then sentenced December 27, 1974 to a term of imprisonment of 90 days. On January 10, 1975 an appeal was taken by the defendant through his attorneys, the Frank H. Hiscock Legal Aid Society by the filing of a Notice of Appeal with the lower court. The defendant is unable to proceed with this appeal in that the lower court has not directed that the stenographer file with that court a transcript of the proceeding which led to the defendant's plea of guilty, and the defendant is indigent and unable to purchase it.

PEOPLE VS. JAMES HALSELL

This defendant was arraigned in the city court on July 13, 1974 upon a charge of petit larceny, and thereupon entered a plea of not guilty. That subsequently and on December 3 and 4, 1974, a jury trial was held before the lower court which resulted in a jury verdict of guilty of petit larceny. The defendant was then sentenced to 6 months at Onondaga County Penitentiary on January 28, 1975 and on February 4, 1975 a notice of appeal was filed in the city court. This defendant is unable to proceed with the appeal because of the unavailability of the trial transcript, because the lower court has not requested the stenographers to file it with the court and the defendant is indigent and unable to purchase the transcript.

PEOPLE VS. CLARENCE PRINTUP

This defendant was arraigned in the city court on December 18, 1974 on the charge of aggravated harassment and entered a plea of not guilty. Subsequent thereto and on January 13, 1975, the defendant entered a plea of guilty and was sentenced to serve one year at the Onondaga County Penitentiary. The transcript of proceedings leading to the entering of the above guilty plea has not been filed with the lower court by the stenographer and the defendant is indigent and unable to purchase the transcript. The defendant had filed his notice of appeal with the lower court on January 23, 1975.

PEOPLE VS. DELORES HUDDLESTON

The defendant was arraigned in the city court on September 4, 1974 on the charge of possession of stolen property and was found guilty after a jury trial, and on January 14, 1975 was adjudicated a youthful offender and sentenced to a conditional discharge. That on February 6, 1975 an appeal was taken from this proceeding, but the defendant is unable to proceed because of the lower court's failure to order the stenographer to file a transcript of the proceeding, and the defendant is unable to purchase it.

It appears that a conflict has arisen as to what governmental agency is to incur the expense of having the minutes transcribed.

The Criminal Procedure Law in § 460.70(1) concerns itself with this problem wherein it is stated:

'. . . When an appeal is taken by a defendant pursuant to section 450.10, The criminal court in which the judgment, sentence or order being appealed was entered or imposed must, within two days after the filing of the notice of appeal therein, direct the stenographer to make and to file with the court, within twenty days, two transcripts of the stenographic minutes of the proceedings constituting the record on appeal. The expense of such transcript is a county charge or city charge, as the case may be, payable to the stenographer out of the court fund, or out of the juror's fund or out of any other available fund, Upon the certificate of the criminal court. The appellate court may where such is necessary for perfection of the appeal, order that the criminal court furnish one of such transcripts to the defendant or his counsel.' (emphasis added).

Thus when an appeal is taken by a defendant, the criminal court being appealed Must within two days after filing of the notice of appeal direct the stenographer to prepare and file two copies of the minutes of the proceedings within twenty days.

The expense of such transcripts is the obligation of the court from which the appeal is being taken.

Therefore in the instant cases the City Court of the City of Syracuse must direct the stenographer to make such transcripts and...