People v. Muller

Appellate Division of the Supreme Court of New York

People v. Muller

39 A.D.2d 720, 331 N.Y.S.2d 898, 1972 N.Y. App. Div. LEXIS 4744

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

DecidedMay 1, 1972

StatusPublished

This text of 39 A.D.2d 720 (People v. Muller) 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. Muller, 39 A.D.2d 720, 331 N.Y.S.2d 898, 1972 N.Y. App. Div. LEXIS 4744 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, dated March 17, 1971, which dismissed the application without a hearing. Order affirmed. On a prior coram nobis hearing defendant testified that he had in fact attempted to appeal from his 1959 judgment of conviction within the time limited by statute, but that his notice of appeal (consisting of letters addressed to the County Clerk and the District Attorney) was not mailed by the Warden. That claim was found to be untrue; and the denial of defendant’s application was affirmed by this court (People v. Muller, 35 A D 2d 784). In view of the record, defendant’s present claim that he was unaware of his right to appeal was properly rejected by the County- Court. Hopkins, Acting P. J., Munder, Martuscello, Latham and Shapiro, JJ., concur.

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In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, dated March 17, 1971, which dismissed the application without a hearing. Order affirmed. On a prior coram nobis hearing defendant testified that he had in fact attempted to appeal from his 1959 judgment of conviction within the time limited by statute, but that his notice of appeal (consisting of letters addressed to the County Clerk and the District Attorney) was not mailed by the Warden. That claim was found to be untrue; and the denial of defendant’s application was affirmed by this court (People v. Muller, 35 A D 2d 784). In view of the record, defendant’s present claim that he was unaware of his right to appeal was properly rejected by the County- Court. Hopkins, Acting P. J., Munder, Martuscello, Latham and Shapiro, JJ., concur.

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Bluebook (online)

39 A.D.2d 720, 331 N.Y.S.2d 898, 1972 N.Y. App. Div. LEXIS 4744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-muller-nyappdiv-1972.