People v. Groff

Appellate Division of the Supreme Court of New York

People v. Groff

32 A.D.2d 592, 300 N.Y.S.2d 88, 1969 N.Y. App. Div. LEXIS 4142

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

DecidedApril 24, 1969

StatusPublished

This text of 32 A.D.2d 592 (People v. Groff) 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. Groff, 32 A.D.2d 592, 300 N.Y.S.2d 88, 1969 N.Y. App. Div. LEXIS 4142 (N.Y. Ct. App. 1969).

Pincite

Opinion

Greenblott, J.

Appeal from an order of the County Court of Montgomery County denying appellant’s application for a writ of error coram nobis without a hearing. Appellant should have been granted a hearing on his allegations that his retained counsel failed to advise him of his right to appeal (People v. Montgomery, 24 N Y 2d 130; People v. Garrow, 30 A D 2d 618). Order reversed, on the law, and proceedings remitted to the County Court of Montgomery County for the purpose of holding a hearing limited to the question of whether the appellant’s failure to serve and file a timely notice of appeal was attributable to the failure of his retained counsel to advise him of his right to appeal. Reynolds, J. P., Aulisi, Staley, Jr., Cooke and Greenblott, JJ., concur in memorandum by Greenblott, J.

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Greenblott, J.

Appeal from an order of the County Court of Montgomery County denying appellant’s application for a writ of error coram nobis without a hearing. Appellant should have been granted a hearing on his allegations that his retained counsel failed to advise him of his right to appeal (People v. Montgomery, 24 N Y 2d 130; People v. Garrow, 30 A D 2d 618). Order reversed, on the law, and proceedings remitted to the County Court of Montgomery County for the purpose of holding a hearing limited to the question of whether the appellant’s failure to serve and file a timely notice of appeal was attributable to the failure of his retained counsel to advise him of his right to appeal. Reynolds, J. P., Aulisi, Staley, Jr., Cooke and Greenblott, JJ., concur in memorandum by Greenblott, J.

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Bluebook (online)

32 A.D.2d 592, 300 N.Y.S.2d 88, 1969 N.Y. App. Div. LEXIS 4142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-groff-nyappdiv-1969.