Opinion
January 26, 1960
James Moore, defendant in person.
John M. Liddy, District Attorney, for plaintiff.
Defendant moves to obtain a copy of the transcript of testimony taken at his trial in 1957 free of charge.
Defendant bases his motion on a claim of poverty, citing Griffin v. Illinois ( 351 U.S. 12) and People v. Jackson ( 2 Misc.2d 521).
This court has already passed on a similar motion made on the same grounds in People v. Roberts ( 20 Misc.2d 769).
Where, as here, defendant's application is made long after the time to take an appeal has expired, there is no authority in this court to grant such a motion, at public expense. ( People v. Brown, 3 A.D.2d 696.)
Defendant is limited, now, to any remedy he may have under a writ of error coram nobis.
In this connection, this court on June 26, 1959 granted a motion made by defendant to receive copies of the indictment, order of transfer, commitment and Clerk's minutes free of charge. This is sufficient information to prepare any application for a writ of error coram nobis.
Motion is denied.