Harrington v. State of New York Office of Court Administration

The majority holds that when a nonindigent defendant takes an appeal pursuant to CPL 450.10, the copy of the trial transcript which is required to be filed with the trial court must be paid for out of public funds. Because I do not believe CPL 460.70 (subd 1) was intended to require such a result, I respectfully dissent.

Prior to 1977, CPL 460.70 (subd 1) required the public to bear the expense of preparing and filing transcripts where a defendant filed a notice of appeal regardless of whether the defendant was indigent or not.* In 1977, however, the Legislature amended the statute to, among…