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People v. Bressette

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 1970
35 A.D.2d 750 (N.Y. App. Div. 1970)

Opinion

October 26, 1970


Appeal from an order of the County Court of Albany County, entered September 22, 1969, which denied an application for a writ of error coram nobis without a hearing. The record presents an unrefuted allegation that assigned counsel failed to advise defendant of his right to appeal (see People v. Montgomery, 24 N.Y.2d 130; People v. Martindale, 33 A.D.2d 813). Order reversed, on the law, and proceeding remitted to the County Court of Albany County for the purpose of holding a hearing limited to the question of whether appellant's failure to serve and file a timely notice of appeal was attributable to the failure of his counsel to advise him of his right to appeal. Reynolds, J.P., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur.


Summaries of

People v. Bressette

Appellate Division of the Supreme Court of New York, Third Department
Oct 26, 1970
35 A.D.2d 750 (N.Y. App. Div. 1970)
Case details for

People v. Bressette

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES BRESSETTE…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Oct 26, 1970

Citations

35 A.D.2d 750 (N.Y. App. Div. 1970)

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