People v. Jordan

Appellate Division of the Supreme Court of New York

People v. Jordan

33 A.D.2d 1077, 307 N.Y.S.2d 707, 1970 N.Y. App. Div. LEXIS 5468

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

DecidedFebruary 20, 1970

StatusPublished

This text of 33 A.D.2d 1077 (People v. Jordan) 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. Jordan, 33 A.D.2d 1077, 307 N.Y.S.2d 707, 1970 N.Y. App. Div. LEXIS 5468 (N.Y. Ct. App. 1970).

Pincite

Opinion

Reynolds, J.

Appeal from an order of the County Court, Otsego County, which denied, without a hearing, appellant’s motion to obtain a resentence in order to permit him to file a timely appeal. 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. Groff, 32 A D 2d 592; People v. Garrow, 30 A D 2d 618). Order reversed, on the law, and proceeding remitted to the County Court of Otsego 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. Herlihy, P. J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J.

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Reynolds, J.

Appeal from an order of the County Court, Otsego County, which denied, without a hearing, appellant’s motion to obtain a resentence in order to permit him to file a timely appeal. 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. Groff, 32 A D 2d 592; People v. Garrow, 30 A D 2d 618). Order reversed, on the law, and proceeding remitted to the County Court of Otsego 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. Herlihy, P. J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J.

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Bluebook (online)

33 A.D.2d 1077, 307 N.Y.S.2d 707, 1970 N.Y. App. Div. LEXIS 5468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jordan-nyappdiv-1970.