PEOPLE v. W.


29 N.Y.2d 728 (1971)

The People of the State of New York, Respondent, v. Harold West, Appellant.

Court of Appeals of the State of New York.

Decided October 21, 1971.


Attorney(s) appearing for the Case

Eugene Feldman and Anne Gross Feldman for appellant.

Frank S. Hogan, District Attorney (David Otis Fuller, Jr. and Michael R. Juviler of counsel), for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and GIBSON concur in memorandum; Judge BREITEL dissents and votes to affirm in an opinion in which Judge JASEN concurs.


MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered. The right of indigent defendants to a free transcript of a pretrial suppression hearing is a fundamental constitutional right and a copy is to be made available to the defendant for whatever purpose he, and not the court, may deem relevant and necessary to his defense. Here the Huntley hearing, involving the testimony of only...

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