Summary
In People v. Majewski (26 A.D.2d 907), a hearing was ordered where the allegations were that the failure to file a notice of appeal was due to the delinquency of the assigned counsel and the actions of the officials of the Attica Prison.
Summary of this case from People v. RamseyOpinion
October 27, 1966
Appeal from the Erie County Court.
Present — Bastow, J.P., Goldman, Henry, Del Vecchio and Marsh, JJ.
Order unanimously reversed and matter remitted to Erie County Court for further proceedings in accordance with the Memorandum. Memorandum: In this coram nobis proceeding to vacate a judgment of conviction, which was denied without a hearing, petitioner alleges that his failure to file a notice of appeal from his conviction was due to the delinquency of his assigned attorney and the actions of officials at Attica Prison, all of which frustrated his desire to file an appeal. A hearing should be had to give petitioner the opportunity to present such proof as he may have to substantiate the allegations of his petition.