People v. Klem

Appellate Division of the Supreme Court of New York

People v. Klem

214 A.D.2d 1051, 627 N.Y.S.2d 590, 1995 N.Y. App. Div. LEXIS 6932

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

DecidedApril 28, 1995

StatusPublished

This text of 214 A.D.2d 1051 (People v. Klem) 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. Klem, 214 A.D.2d 1051, 627 N.Y.S.2d 590, 1995 N.Y. App. Div. LEXIS 6932 (N.Y. Ct. App. 1995).

Pincite

Opinion

Motion for renewal denied. Memorandum: Defendant has failed to show entitlement to an extension of time to take an appeal. Trial counsel satisfied the requirements of 22 NYCRR 1022.11 (a). Counsel advised defendant in writing of his right to appeal and defendant declared in writing that he did not wish to appeal. Thus, counsel did not engage in improper conduct (see, CPL 460.30 [1]). Furthermore, the failure to file a notice of appeal in a timely fashion resulted from defendant’s improper filing of the notice of appeal with the Clerk of the Monroe County Court rather than the Monroe County Clerk as required by CPL 460.10. Present—Green, J. P., Lawton, Fallon, Doerr and Davis, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Motion for renewal denied. Memorandum: Defendant has failed to show entitlement to an extension of time to take an appeal. Trial counsel satisfied the requirements of 22 NYCRR 1022.11 (a). Counsel advised defendant in writing of his right to appeal and defendant declared in writing that he did not wish to appeal. Thus, counsel did not engage in improper conduct (see, CPL 460.30 [1]). Furthermore, the failure to file a notice of appeal in a timely fashion resulted from defendant’s improper filing of the notice of appeal with the Clerk of the Monroe County Court rather than the Monroe County Clerk as required by CPL 460.10. Present—Green, J. P., Lawton, Fallon, Doerr and Davis, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

214 A.D.2d 1051, 627 N.Y.S.2d 590, 1995 N.Y. App. Div. LEXIS 6932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-klem-nyappdiv-1995.