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HARRINGTON v. STATE OF NEW YORK OFFICE OF COURT ADMIN.

94 A.D.2d 863 (1983)

Milton E. Harrington, Jr., Respondent, v. State of New York Office of Court Administration, Respondent; Robert W. Coutant, as Judge of The County Court of Broome County, Defendant, and Lloyd W. Merritt, as Town Justice of The Town of Kirkland, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 12, 1983

Following a conviction in the Town Court of the Town of Kirkwood of driving with more than .10% of alcohol in his blood, plaintiff filed a notice of appeal with the Broome County Court. He was subsequently notified by the County Court that as a nonindigent defendant he was obligated, under CPL 460.70 (subd 1), to pay for two copies of his trial transcript or his appeal would be dismissed for failure to prosecute. One of the two copies...

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