Opinion
March 4, 1971
Motion for reargument granted, without costs, and, upon reargument, original decision, dated December 21, 1970, adhered to. People v. Montgomery ( 18 N.Y.2d 993), which held that indigent defendants have a constitutional right to free transcripts of preliminary hearings, is not entitled to retroactive application in postconviction habeas corpus proceedings (see People ex rel. Cadogan v. McMann, 24 N.Y.2d 233, 240; People v. Zabrocky, 26 N.Y.2d 530, 536). Herlihy, P.J., Reynolds, Staley, Jr., Greenblott and Cooke, JJ., concur.