Hyperlawhypertext legal databasebeta People v. McCallum 8 N.Y.2d 155

← Cases

People v. McCallum

8 N.Y.2d 155 Court N.Y. Decision date 1960-07-08 English

Contents

Majority

p. 155
The People of the State of New York, Respondent, v. Thomas Michael McCallum, Appellant.
Argued May 19, 1960;
decided July 8, 1960.
p. 156
John A. Murray and Gerald W. O’Connor for appellant.
I. The court’s ruling denying defendant’s attorney an opportunity to examine the police report constitutes reversible error. (People v. Gezzo, 307 N. Y. 385 .) II. Inasmuch as defendant had no attorney or access to the record on his appeal to the Appellate Division, Fourth Department, he did not receive the “adequate appellate review ” guaranteed him by the Constitution of the State of New York and the Constitution of the United States of America. (Griffin v. Illinois, 351 U. S. 12 ; People v. Kalan, 2 N Y 2d 278 ; People v. Pride, 3 N Y 2d 545 ; People v. Breslin, 4 N Y 2d 73 ; People v. Pitts, 6 N Y 2d 288 ; People v. Wilson, 7 N Y 2d 568 .) III. Appellant’s intoxication was such that he could not form the intent to commit the crimes alleged to have been committed in the indictment.
Carman F. Ball, District Attorney (Leonard F. Walentynowicz of counsel), for respondent.
I. The guilt of defendant was proved beyond a reasonable doubt, as required by law. Aside from the question of intoxication, there was overwhelming proof to indicate that defendant did, in fact, commit the crimes with which he was charged. II. The question of intoxication was properly resolved against defendant. (People v. Leonardi, 143 N. Y. 360 .) III. No reversible error was committed by the trial court in refusing trial counsel’s request to examine a police report. (People v. Gezzo, 307 N. Y. 385 .) IV. This court is without power to modify the sentence imposed. (People v. Speiser, 277 N. Y. 342 .) V. Defendant was afforded full and complete adequate appellate review. (People v. Kalan, 2 N Y 2d 278 ; People v. Breslin, 4 N Y 2d 73 ; People v. Pitts, 6 N Y 2d 288 ; Griffin v. Illinois, 351 U. S. 12 ; Eskridge v. Washington Prison Bd., 357 U. S. 214 ; Burns v. Ohio, 360 U. S. 252 ; Betts v. Brady, 16 U. S. 455 ; Sykes v. Swenson, 201 Md. 662 , 345 U. S. 937 .)

On his appeal to the Appellate Division, defendant had neither an attorney nor access to the original judgment roll or to the copy of the stenographic minutes of the proceedings of the trial certified by the court stenographer and filed pursuant

p. 157
to section 456 of the Code of Criminal Procedure. This fell below what is required by People v. Kalan ( 2 N Y 2d 278 ); People v. Pride ( 3 NY 2d 545 ); People v. Breslin ( 4 N Y 2d 73 ); People v. Pitts ( 6 N Y 2d 288 ), and People v. Wilson ( 7 N Y 2d 568 ), which stem from Griffin v. Illinois ( 351 U. S. 12 ).

The judgment should be reversed and the case remitted to the Appellate Division for further proceedings in accordance with this opinion.

Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster concur.

Judgment reversed, etc.

Cases cited