People v. Gory

Appellate Division of the Supreme Court of New York

People v. Gory

42 A.D.2d 860, 346 N.Y.S.2d 977, 1973 N.Y. App. Div. LEXIS 3644

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

DecidedAugust 13, 1973

StatusPublished

This text of 42 A.D.2d 860 (People v. Gory) 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. Gory, 42 A.D.2d 860, 346 N.Y.S.2d 977, 1973 N.Y. App. Div. LEXIS 3644 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal by defendant from an order of the County Court, Westchester County, entered October 27, 1970, which denied his application for a writ of error eoram nobis without a hearing. Order reversed, on the law, and the matter remitted to the County Court for a hearing consistent with the views expressed in the following memorandum-. Defendant was convicted after a jury trial and was sentenced on June 3, 1969, approximately four months after the decision in People v. Montgomery (24 N Y 2d 130). Defendant’s claim in his coram nobis application that he was not advised of his right- to appeal, raises an issue of fact that should be determined at a hearing. Hopkins, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.

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Appeal by defendant from an order of the County Court, Westchester County, entered October 27, 1970, which denied his application for a writ of error eoram nobis without a hearing. Order reversed, on the law, and the matter remitted to the County Court for a hearing consistent with the views expressed in the following memorandum-. Defendant was convicted after a jury trial and was sentenced on June 3, 1969, approximately four months after the decision in People v. Montgomery (24 N Y 2d 130). Defendant’s claim in his coram nobis application that he was not advised of his right- to appeal, raises an issue of fact that should be determined at a hearing. Hopkins, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.

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Bluebook (online)

42 A.D.2d 860, 346 N.Y.S.2d 977, 1973 N.Y. App. Div. LEXIS 3644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gory-nyappdiv-1973.