People v. Zabrocky, 26 N.Y.2d 530 (1970)
An indigent defendant has a constitutional right to a free transcript of a pre-trial suppression hearing for use at trial.
Summary
Zabrocky and Harle were convicted of grand larceny. They appealed, arguing the trial court erred in limiting their attack on the complainant’s credibility and denying them a free copy of the suppression hearing transcript. The New York Court of Appeals affirmed the denial regarding the credibility attack, holding it was a collateral matter. However, the Court reversed the conviction, holding that denying the indigent defendants a copy of the suppression hearing transcript was reversible error, regardless of whether the transcript would have ultimately been useful.
Facts
John Hunter reported to police that Zabrocky and Harle robbed him. Hunter identified them to police officers shortly after the robbery. The police apprehended Zabrocky and Harle and found money and a roll of nickels on Harle matching Hunter’s description of the stolen items. Before trial, Zabrocky and Harle moved to suppress evidence (money), Hunter’s identification, and a statement by Harle. They requested a full transcript of the suppression hearing, claiming indigency and arguing the transcript was needed for cross-examination. The trial court denied this request. At trial, Hunter testified to the robbery and identified Zabrocky and Harle. The defense attempted to introduce evidence that Hunter was fired on the day of the robbery due to a mailroom burglary but was precluded from doing so.
Procedural History
The defendants were indicted by a New York County Grand Jury for robbery and grand larceny. Prior to trial, the defendants moved to suppress evidence, identification, and statements, and requested a transcript of the suppression hearing; the motion and request were denied. Following a jury trial, the defendants were acquitted of robbery but convicted of grand larceny in the third degree. The Appellate Division affirmed the conviction. The New York Court of Appeals granted leave to appeal.
Issue(s)
1. Whether the trial court committed reversible error by limiting the defendant’s ability to attack the credibility of the prosecution’s witness by introducing collateral evidence.
2. Whether the trial court erred in denying the indigent defendants a free copy of the suppression hearing transcript.
Holding
1. No, because the attempted impeachment related to a collateral matter.
2. Yes, because indigent defendants have a constitutional right to a free transcript of a pre-trial suppression hearing.
Court’s Reasoning
The Court reasoned that the trial court properly precluded the attempt to introduce collateral issues to impeach Hunter’s credibility. The Court cited the established rule that cross-examination regarding immoral or criminal acts is collateral, and the cross-examiner is bound by the witness’s answer and cannot introduce extrinsic evidence to contradict it. Regarding the transcript, the Court relied on People v. Montgomery, 18 N.Y.2d 993, and People v. Ballott, 20 N.Y.2d 600, which established an indigent defendant’s right to free transcripts of preliminary hearings and prior trials. The Court extended this right to pre-trial suppression hearings, stating that “The Montgomery-Ballott rules must, as a matter of logic and fairness, also extend to the minutes of pretrial suppression hearings.” The Court explicitly rejected the People’s argument that the denial was harmless error if the transcript would have been of limited use, stating that “the use to which a requested transcript might have been put is irrelevant.” Therefore, the denial of the transcript was reversible error.