Opinion
Argued September 19, 2000.
October 16, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered September 3, 1997, convicting him of robbery in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Katheryne M. Martone of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Florence M. Sullivan, and Joseph Huttler of counsel), for respondent.
Before: DAVID S. RITTER, J.P., HOWARD MILLER, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is reversed, on the law, and a new trial is ordered.
Before the end of the suppression hearing, the defendant, an indigent, requested a copy of the transcript of the suppression hearing. By forcing the defendant to go to trial before he received the entire transcript, the trial court committed reversible error (see, People v. Coleman, 81 N.Y.2d 826; People v. Sanders, 31 N.Y.2d 463).
We note that the defendant was improperly adjudicated a persistent violent felony offender (see, Penal Law § 70.04[b]; § 70.08[1][a]; People v. Morse, 62 N.Y.2d 205).
The defendant's remaining contentions are without merit.