PEOPLE OF THE STATE OF NEW YORK ex rel. -against Appellant, DANIEL J. McMANN, Warden of Clinton Respondent. RESPONDENT'S BRIEF Statement The relator appeals from an order of the Supreme Court of Clinton County (SODEN, J.), dated August 2, 1967, which denied the relator's application for a writ of habeas corpus. Questions Involved 1. Does § 206 of the Code of Criminal Procedure entitle the relator to a free copy of the transcript of a hearing held to consider the relator's motion to suppress evidence? The Court below held that at the time of the relator's trial § 206 of the Code of Criminal Procedure did not entitle the relator to a free transcript of the hearing. 2. Do the partial transcripts of the hearing and the trial which are attached to the relator's brief, clearly show that the relator was in no way prejudiced by the denial of his motion for a transcript of the hearing held pursuant to his motion to suppress? The Court below did not consider this question. 3. May habeas corpus be used to review an alleged error which has come up for review in an earlier appeal when necessity does not require a second review? The Court below did not consider this question. Facts On April 25, 1963, the relator was indicted for the crimes of feloniously selling a narcotic drug (two counts) and feloniously possessing a narcotic drug (two counts) (6).* On May 10, 1963, the Hon. Peter J. FARREL, Judge of the Supreme Court of the County of Queens, deemed petitioner an indigent defendant and assigned counsel (10). The relator by his assigned counsel made a motion to suppress evidence. Judge FARREL denied the motion after a hearing on May 27, 1963 (11). Thereafter, on June 17, 1963, the relator made a motion before Judge FARREL for a free transcript of the hearing on the motion to suppress evidence. The motion was denied (11). All page cites are to the Record unless otherwise indicated. |