People v. Goodwin

Appellate Division of the Supreme Court of New York

People v. Goodwin

33 A.D.2d 1101, 309 N.Y.S.2d 895, 1970 N.Y. App. Div. LEXIS 5492

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 19, 1970

StatusPublished

This text of 33 A.D.2d 1101 (People v. Goodwin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Goodwin, 33 A.D.2d 1101, 309 N.Y.S.2d 895, 1970 N.Y. App. Div. LEXIS 5492 (N.Y. Ct. App. 1970).

Pincite

Opinion

Order unanimously affirmed. Memorandum: Defendant claims that prison officials, by their actions, precluded him from reaching his attorney to have him file a notice of appeal from his judgment of conviction. A hearing was held on a previous petition for the same relief on April 5, 1968; defendant’s application was denied and no appeal was taken. We have reviewed the determination made on the hearing from which no appeal was taken. We find that there was no error therein and that if it had been timely and properly presented to us, we would have affirmed. Therefore, we affirm the order denying defendant’s application herein which is simply a renewal of the previous application. (People v. Sullivan, 4 N Y 2d 472.) (Appeal from order of Monroe County Court denying, without a hearing, motion for resentence.) Present — Del Vecchio, J. P., Gabrielli, Moule, Bastow and Henry, JJ.

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Order unanimously affirmed. Memorandum: Defendant claims that prison officials, by their actions, precluded him from reaching his attorney to have him file a notice of appeal from his judgment of conviction. A hearing was held on a previous petition for the same relief on April 5, 1968; defendant’s application was denied and no appeal was taken. We have reviewed the determination made on the hearing from which no appeal was taken. We find that there was no error therein and that if it had been timely and properly presented to us, we would have affirmed. Therefore, we affirm the order denying defendant’s application herein which is simply a renewal of the previous application. (People v. Sullivan, 4 N Y 2d 472.) (Appeal from order of Monroe County Court denying, without a hearing, motion for resentence.) Present — Del Vecchio, J. P., Gabrielli, Moule, Bastow and Henry, JJ.

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Bluebook (online)

33 A.D.2d 1101, 309 N.Y.S.2d 895, 1970 N.Y. App. Div. LEXIS 5492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-goodwin-nyappdiv-1970.