46 Misc. 2d 264 | N.Y. Sup. Ct. | 1965
Defendant Melvin Torres, jointly indicted with two others for murder in the first degree, makes this application for fourfold relief. Three of the items were disposed of
Certainly, defendant is not entitled to a disclosure of the transcribed statements taken from his codefendants since they are not competent “ evidence in support of the cause of action or defense of the party seeking the discovery ” (People ex rel. Lemon v. Supreme Court, 245 N. Y. 24, 34); nor is he entitled to see the notes made by the detective at the time of the interrogation. These are ‘ ‘ not evidence for anyone. They are merely mnemonic instruments whereby the prosecutor may be better able to elicit evidence hereafter.” (People ex rel. Lemon v. Supreme Court, supra.)
As to the transcribed statement of the defendant-movant, the averments in his affidavit fall short of showing the special circumstances and compelling reasons (set forth in People v. Stokes [24 Misc 2d 755]) which would ordinarily require its pretrial disclosure. (See People v. Roldan, 42 Misc 2d 501, and cases therein cited.)
The court is aware of recent decisions which take a contrary view and direct the disclosure of a defendant’s transcribed statements to the police or District Attorney after his arrest “as a matter of right to properly enable the said defendant to prepare a defense in accordance with the dictates of a fair trial.” (People v. Quarles, 44 Misc 2d 955, 964; People v. Abbatiello, 46 Misc 2d 148, Geller, J.) However, until the appellate courts or the Legislature sanction such a departure from the present well-established general rule, this court sees no reason for taking this “ long stride toward a new practice ” (People v. Carothers, 24 Misc 2d 734, 738).
Accordingly, this aspect of the motion is in all respects denied.