People v. Majewski

Appellate Division of the Supreme Court of New York

People v. Majewski

26 A.D.2d 907, 274 N.Y.S.2d 408, 1966 N.Y. App. Div. LEXIS 3255

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

DecidedOctober 27, 1966

StatusPublished

Cited by2 cases

This text of 26 A.D.2d 907 (People v. Majewski) 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. Majewski, 26 A.D.2d 907, 274 N.Y.S.2d 408, 1966 N.Y. App. Div. LEXIS 3255 (N.Y. Ct. App. 1966).

Pincite

Opinion

Order unanimously reversed and matter remitted to Erie County Court for further proceedings in accordance with the Memorandum. Memorandum: In this coram nobis proceeding to vacate a judgment of conviction, which was denied without a hearing, petitioner alleges that his failure to file a notice of appeal from his conviction was due to the delinquency of his assigned attorney and the actions of officials at Attica Prison, all of which frustrated his desire to file an appeal. A hearing should be had to give petitioner the opportunity to present such proof as he may have to substantiate the allegations of his petition. (Appeal from order of Erie County Court, denying, without a hearing, motion to vacate a judgment of conviction for burglary, third degree, rendered May 13, 1965.) Present — Bastow, J. P., Goldman, Henry, Del Vecchio and Marsh, JJ.

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Order unanimously reversed and matter remitted to Erie County Court for further proceedings in accordance with the Memorandum. Memorandum: In this coram nobis proceeding to vacate a judgment of conviction, which was denied without a hearing, petitioner alleges that his failure to file a notice of appeal from his conviction was due to the delinquency of his assigned attorney and the actions of officials at Attica Prison, all of which frustrated his desire to file an appeal. A hearing should be had to give petitioner the opportunity to present such proof as he may have to substantiate the allegations of his petition. (Appeal from order of Erie County Court, denying, without a hearing, motion to vacate a judgment of conviction for burglary, third degree, rendered May 13, 1965.) Present — Bastow, J. P., Goldman, Henry, Del Vecchio and Marsh, JJ.

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Bluebook (online)

26 A.D.2d 907, 274 N.Y.S.2d 408, 1966 N.Y. App. Div. LEXIS 3255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-majewski-nyappdiv-1966.

Opinion

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