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People v. Fearon

Court of Appeals of the State of New York
Jul 10, 1963
13 N.Y.2d 59 (N.Y. 1963)

Opinion

Argued June 3, 1963

Decided July 10, 1963

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN R. STARKEY, J.

William J. Doyle and Anthony F. Marra for appellant.

Edward S. Silver, District Attorney ( William I. Siegel of counsel), for respondent.


Defendant argues that his conviction should have been reversed in the Appellate Division because the record on appeal in that court did not contain the summations of counsel. Apparently the summations were not taken down by the stenographer except as to one part of the prosecutor's speech to which defendant objected and a similar incident during the summation by defense counsel. Neither of these excerpts shows any erroneous ruling or any serious misconduct. As to the argument that in every criminal cause the closing speeches of counsel must be recorded in full, the Judges of this court know from experience as well as from records filed with us that in many parts of the State (as in other States — see, for instance, Magoohan v. Curran, 71 Conn. 551) such has not been the practice. However, various statutes (see Code Crim. Pro., §§ 388, 456, 458, 485; Judiciary Law, § 295) if read literally require that "the entire proceedings" of the trial be taken down stenographically.

While the present record shows an absence of prejudice to defendant from a failure to record the summations as well as an implied waiver of such recording, it would seem to be better practice in criminal causes for the Judge to order the summations to be taken down by the stenographer unless both counsel stipulate to the contrary.

The judgment should be affirmed.

Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI concur.

Judgment affirmed.


Summaries of

People v. Fearon

Court of Appeals of the State of New York
Jul 10, 1963
13 N.Y.2d 59 (N.Y. 1963)
Case details for

People v. Fearon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK FEARON, Appellant

Court:Court of Appeals of the State of New York

Date published: Jul 10, 1963

Citations

13 N.Y.2d 59 (N.Y. 1963)
242 N.Y.S.2d 33
192 N.E.2d 8

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