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PEOPLE v. MONTGOMERY

18 N.Y.2d 993 (1966)

The People of the State of New York, Respondent, v. Brewster Lee Montgomery, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1966.

Attorney(s) appearing for the Case

Gretchen White Oberman and Anthony F. Marra for appellant.

Nat H. Hentel, District Attorney (Benj. J. Jacobson of counsel), for respondent.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.

MEMORANDUM.

Judgment reversed and case remitted to the Supreme Court, Queens County, for new trial. The State is to make available to defendant a transcript of the preliminary hearing.

When the State constitutionally or statutorily affords a defendant a right, the exercise thereof cannot be conditioned upon the defendant's ability to pay (People v. Hughes, 15 N.Y.2d 172;...

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