PEOPLE v. CADOGAN

ALFRED J. HOFMANN, J.

This defendant was convicted on April 17, 1956 of the crime of feloniously possessing a narcotic drug, in violation of subdivision 3 of section 1751 of the Penal Law, and was sentenced to State prison for a term of from nine to ten years. A notice of appeal was thereafter filed on behalf of the defendant.

The defendant now moves this court for an order directing that he be furnished gratis a transcript of the stenographic minutes of the trial, on the ground that he is a pauper, and is unable to pay for the minutes, and cites as authority therefor the case of Griffin v. Illinois ( 351 U.S. 12).

This court is without power to furnish this defendant without charge a transcript of the minutes. ( People v. Raymondi, 180 Misc. 973.) The exception referred to is inapplicable.

Inasmuch as the defendant has filed a notice of appeal, he may make an application, if so advised, in the Appellate Division, for an order permitting the prosecution of the appeal herein as a poor person.

Motion denied. Order entered accordingly.