People v. Sporborg

Motion by defendant to compel Town Justice of the Town of North Castle to furnish his attorney with a copy of the stenographic minutes of the trial and copies of the exhibits offered in evidence. Section 756 of the Code of Criminal Procedure requires the Magistrate, or court to make and file a return and to send copies thereof to the District Attorney and to the attorney taking the appeal. In a situation where stenographic minutes are required to be included in the return, section 756 must be read together with subdivision 2 of section 456 of the code. The latter subdivision authorizes the…