People v. Brown

3 A.D.2d 696, 158 N.Y.S.2d 1002, 1957 N.Y. App. Div. LEXIS 6699

Opinion

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. Memorandum: 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 eases 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. Pro., §§ 308, 485; cf. People v. Raymondi, 180 Misc. 973.) Any holding to the contrary, as in People v. Jackson (2 Misc 2d 521) we do not approve.