31 N.Y.2d 463 (1973)
An indigent defendant has a fundamental right to a free transcript of a pretrial suppression hearing, but this right must be asserted with reasonable diligence.
Summary
The New York Court of Appeals reversed a burglary conviction because the trial court denied the indigent defendant’s request for a free transcript of his pretrial suppression hearing. While the request was made after jury selection but before opening statements, the court held that it was timely under existing precedent. However, the court announced a new, stricter rule for future cases, requiring defendants to request such transcripts before the conclusion of the suppression hearing to avoid unwarranted delays. The concurring opinion emphasized the need for reasonable diligence and the public interest in prompt criminal case disposition.
Facts
Willie Sanders was indicted for burglary in April 1967. His assigned counsel moved to suppress evidence seized from his apartment, arguing it was illegally obtained. The suppression hearing took place on Thursday, September 28, 1967, the day before his trial was scheduled to begin. On Friday, the jury was selected, and the trial was adjourned to Monday, October 2. On Monday, before opening statements, Sanders’ attorney requested a copy of the suppression hearing minutes and an adjournment for transcription. The attorney explained the delay was due to communication difficulties. The trial court denied the request.
Procedural History
The trial court denied Sanders’ motion to suppress evidence. Subsequently, the trial court denied Sanders’ request for a free transcript of the suppression hearing. The jury convicted Sanders of burglary. Sanders appealed to the New York Court of Appeals.
Issue(s)
Whether the trial court erred in denying the indigent defendant’s request for a free transcript of the pretrial suppression hearing, made after jury selection but before opening statements.
Holding
Yes, because under existing precedent, the request was timely, and denying it violated the defendant’s fundamental right to a free transcript. However, the court announced a new rule for future cases requiring that requests for such transcripts be made before the conclusion of the suppression hearing.
Court’s Reasoning
The court acknowledged its prior decisions establishing an indigent defendant’s right to a free transcript of a pretrial suppression hearing, citing People v. West, 29 N.Y.2d 728 (1971); People v. Peacock, 31 N.Y.2d 907 (1973); and People v. Zabrocky, 26 N.Y.2d 530 (1970). It noted that it had previously upheld the timeliness of requests made immediately after the suppression hearing, even on the