People State New York v. Willie Sanders

[12]     Some five months after the defendants indictment for burglary in April of 1967, his assigned counsel moved to suppress evidence taken from his apartment on the ground that it had been illegally obtained. Following a hearing, the court denied the motion and, in our view, properly so. That pretrial hearing was held and decided on Thursday, September 28, 1967, the day before the trial was scheduled to begin. On the next day, the jury was selected and the trial adjourned, over the weekend, to Monday, October 2. On that day, prior to any further trial proceedings and before counsel opened to the jury, the defendants attorney requested a copy of the minutes of the pretrial hearing, as well as an adjournment to allow for their transcription. He explained that his delay in making the [31 N.Y.2d 463 Page 466]