Is defendant's tardiness in delaying the hearing to the eve of the trial justified in denying defendant a free copy of the transcript?

"New York", United States of America

The following excerpt is from People v. Peacock, 292 N.E.2d 785, 31 N.Y.2d 907, 340 N.Y.S.2d 642 (N.Y. 1972):

In my opinion, defendant has not demonstrated the existence of any facts which would reasonably excuse his tardiness in delaying the Wade hearing to the eve of the trial. Under these circumstances, it cannot be said that the Trial Justice abused his discretion in denying defendant's motion for a free copy of the transcript. (People v. Henriquez, 36 A.D.2d 627.)

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