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PEOPLE v. PEACOCK

31 N.Y.2d 907 (1972)

The People of the State of New York, Respondent, v. William Peacock, Appellant.

Court of Appeals of the State of New York.

Decided December 29, 1972.

Attorney(s) appearing for the Case

James J. Maloney, William E. Hellerstein and Robert Kasanof for appellant.

Eugene Gold, District Attorney (Roger Bennet Adler of counsel), for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered on the dissenting opinion of Mr. Justice SHAPIRO in the Appellate Division. It is only necessary, in light of the dissenting opinion, to say that failure to provide pretrial minutes on timely demand is grounds for reversal without a showing of prejudice and presumably may not be treated as harmless error (People v. West,

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