People v. Haggett

Appellate Division of the Supreme Court of New York

People v. Haggett

25 A.D.2d 716, 270 N.Y.S.2d 98, 1966 N.Y. App. Div. LEXIS 4631

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

DecidedMarch 31, 1966

StatusPublished

This text of 25 A.D.2d 716 (People v. Haggett) 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. Haggett, 25 A.D.2d 716, 270 N.Y.S.2d 98, 1966 N.Y. App. Div. LEXIS 4631 (N.Y. Ct. App. 1966).

Pincite

Opinion

Order unanimously reversed and matter remitted to Cattaraugus County Court for a hearing in accordance with the Memorandum. Memorandum: Appellant is entitled to a hearing upon the allegation of his petition that he was not represented by counsel at the time of sentence. If petitioner desires to present proof in support of his claim that he was prevented from taking a timely appeal from the judgment of conviction, he should move to amend his petition to allege facts in support of such claim. (Appeal from order of Cattaraugus County Court denying, without a hearing, motion to vacate a judgment of conviction for carnal abuse of a child [a felony] rendered August 10, 1964.)

Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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Order unanimously reversed and matter remitted to Cattaraugus County Court for a hearing in accordance with the Memorandum. Memorandum: Appellant is entitled to a hearing upon the allegation of his petition that he was not represented by counsel at the time of sentence. If petitioner desires to present proof in support of his claim that he was prevented from taking a timely appeal from the judgment of conviction, he should move to amend his petition to allege facts in support of such claim. (Appeal from order of Cattaraugus County Court denying, without a hearing, motion to vacate a judgment of conviction for carnal abuse of a child [a felony] rendered August 10, 1964.)

Present — Williams, P. J., Bastow, Goldman, Henry and Marsh, JJ.

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Bluebook (online)

25 A.D.2d 716, 270 N.Y.S.2d 98, 1966 N.Y. App. Div. LEXIS 4631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-haggett-nyappdiv-1966.