R. 2:7-5. — Transcripts in Appeals by Indigent Defendants from Judgment of Conviction Entered on Trial de Novo

An indigent defendant appealing from a judgment of conviction by the Law Division entered on a trial de novo, who has been afforded or had a right to a transcript at public expense of municipal court proceedings pursuant to R. 3:23-8(a)(3), may be entitled to a transcript of the Law Division proceedings furnished at the county’s expense if the appeal involves violation of a statute and at the municipality’s expense if the appeal involves violation of an ordinance. If the sentence imposed does not constitute a consequence of magnitude, as set forth in the “Guidelines for Determining a Consequence of Magnitude” in Appendix 2 to Part VII of the Rules of Court, and the applicant is not constitutionally or otherwise entitled by law to transcripts at public expense, the trial court, upon application, may determine whether to grant the motion for purposes of the appeal, irrespective of whether transcripts previously were provided in the case. If the trial court denies the application, it shall briefly state its reasons therefor, and the petition may be renewed within 20 days thereafter before the appellate court in accordance with R. 2:7-3.