People v. Coleman

Yesawich Jr., J. (dissenting).

We would reverse and remit for a new trial.

The Court of Appeals has consistently and categorically declared that "an indigent defendant has a 'fundamental constitutional right’ to a free transcript of the minutes of a pretrial suppression hearing and that its denial requires a reversal of the judgment of conviction, even though no prejudice be shown and '[r]egardless of the nature and quantum of proof against’ [the defendant]” (People v Sanders, 31 NY2d 463, 466, quoting People v West, 29 NY2d 728, 729) as long as a request for such a transcript is made prior to…