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People v. Carter

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 19, 1970
33 A.D.2d 1103 (N.Y. App. Div. 1970)

Opinion

February 19, 1970

Appeal from the Supreme Court, Chautauqua County.

Present — Del Vecchio, J.P., Marsh, Gabrielli, Bastow and Henry, JJ.


Order unanimously reversed and matter remitted to Chautauqua County Supreme Court for a hearing in accordance with the following memorandum: Defendant is entitled to a hearing upon the controverted allegations of the petition to determine whether his failure to serve and file a notice of appeal was attributable to the failure of his assigned counsel to advise him of his right to appeal. ( People v. Montgomery, 24 N.Y.2d 130.)


Summaries of

People v. Carter

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 19, 1970
33 A.D.2d 1103 (N.Y. App. Div. 1970)
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES T. CARTER…

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

Date published: Feb 19, 1970

Citations

33 A.D.2d 1103 (N.Y. App. Div. 1970)

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