People v. Montgomery
Cases that cite this one
26 later published cases cite this decision. The 25 that cite it most often are listed here.
- United States of America Ex Rel. Louis Roberts v. Hon. J. Edwin Lavallee, Warden of Auburn State Prison, Auburn, New York (2d Cir. 1967)
- United States of America Ex Rel. William Cadogan v. Hon. J. Edwin Lavallee, as Warden of Clinton State Prison, Dannemora, New York (2d Cir. 1970)
- People v. Caban (New York Supreme Court 1984)
- United States Ex Rel. Gilliard v. LaVallee (District Court, S.D. New York 1974)
- State v. Johnson (La. 1972)
- Roberts v. LaVallee (Supreme Court of the United States 1967)
- United States ex rel. Williams v. Zelker (2d Cir. 1971)
- State v. Apodaca (N.M. Ct. App. 1969)
- United States v. Zelker (2d Cir. 1971)
- Waters v. State (Okla. Crim. App. 1969)
- Hansen v. State (Miss. 1991)
- Dossie X. Faison, Jr. v. Robert F. Zahradnick, Superintendent of the Virginia State Penitentiary (4th Cir. 1977)
- State v. Sanchez (N.M. Ct. App. 1974)
- Goudeau v. State (Okla. Crim. App. 1973)
- Cook v. State (Okla. Crim. App. 1971)
- Moore v. State (Okla. Crim. App. 1969)
- People v. Carroll (Ill. App. Ct. 1973)
- Commonwealth v. Britt (Mass. 1972)
- Britt v. North Carolina (Supreme Court of the United States 1971)
- State v. Schneidewind (Wis. 1970)
- People v. Gill (Criminal Court of the City of New York 2013)
- People v. Ulloa (Appellate Division of the Supreme Court of New York 2003)
- People v. Yanowitch (New York County Courts 1988)
- People v. Williams (Appellate Division of the Supreme Court of New York 1986)
- People v. Frank (Appellate Division of the Supreme Court of New York 1985)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Memorandum. Judgment reversed and case remitted to the Supreme Court, Queens County, for new trial. The State is to make available to defendant a transcript of the preliminary hearing.
When the State constitutionally or statutorily affords a defendant a right, the exercise thereof cannot be conditioned upon the defendant’s ability to pay (People v. Hughes, 15 N Y 2d 172; People v. Pride, 3 N Y 2d 545; Long v. District Ct. of Iowa, 358 U. S. 192; Lane v. Brown, 372 U. S. 477; Douglas v. California, 372 U. S. 353; Gideon v. Wainwright, 372 U. S. 335; Griffin v. Illinois, 351 U. S. 12). Section 206 of the Code of Criminal Procedure provides that, where a preliminary examination was held and testimony recorded, the Magistrate or his clerk must, “ on payment of his fees ”, within two days after demand, furnish the defendant or his attorney a copy of the statement taken at the hearing. There is no doubt that section 206 affords one who is capable of paying for it an absolute right to a transcript of the preliminary hearing. Thus, the State cannot, consonant with the equal protection clause of the State and Federal Constitutions, deny a defendant, prior to trial, access to a transcript of a preliminary hearing because of his inability to pay (cf. People v. Jaglom, 17 N Y 2d 162, 165). We hold, therefore, that when a defendant requests a transcript and when that request is accompanied by an affidavit of indi-gency, the State must honor that request. We add one caveat. The request for a transcript should be made far enough in
Judgment reversed and a new trial ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.