People v. Bogle

On May 4, 1999, after a jury trial, defendant Maxwell Bogle ("Bogle") was sentenced to an aggregate term of from fifty years to life for, inter alia, the crimes of Kidnaping in the First Degree, Rape in the First Degree (3 counts), and Sodomy in the First Degree. Bogles conviction and sentence were affirmed on direct appeal under the name People v. Ellis, 305 AD2d 208 (1st Dept. 2003), and leave to appeal to the Court of Appeals was denied. People v. Bogle, 100 NY2d 579 (2003). Thereafter, Bogle petitioned for a federal writ of habeas corpus, which was also denied. Bogle v. Zon, 2007 WL 2049886 (S.D.NY Jul. 17, 2007). Bogle filed a notice of appeal from this determination, but no certificate of appealability was issued by the United States District Court. See Affidavit of ADA Bari Kamlet sworn to November 8, 2007, at Exhibit 2. Bogle now moves the Court for an order granting him temporary use of the trial transcript (or the provision of a free copy of said transcript) due to his purported indigence in connection with his alleged plan to file a motion pursuant to Article 440 of the Criminal Procedure Law. For the reasons set forth below, Bogles motion is denied.