People v. Carter

Appellate Division of the Supreme Court of New York

People v. Carter

33 A.D.2d 1103, 309 N.Y.S.2d 895, 1970 N.Y. App. Div. LEXIS 5497

Appellate Division of the Supreme Court of the State of New York·Decided February 19, 1970·Published

Opinion

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.) (Appeal from order of Supreme Court, Chautauqua County denying, without a hearing, motion to vacate judgment of conviction for kidnapping, rendered September 7, 1956.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Bastow and Henry, JJ.

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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.) (Appeal from order of Supreme Court, Chautauqua County denying, without a hearing, motion to vacate judgment of conviction for kidnapping, rendered September 7, 1956.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Bastow and Henry, JJ.

People v. Carter, 33 A.D.2d 1103, 309 N.Y.S.2d 895, 1970 N.Y. App. Div. LEXIS 5497 (N.Y. Ct. App. 1970).

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