People v. Murphy

Appellate Division of the Supreme Court of New York

People v. Murphy

33 A.D.2d 891, 307 N.Y.S.2d 856, 1969 N.Y. App. Div. LEXIS 2655

Procedural entryThis page is a short order in People v. Murphy. Read the opinion of the Court — 36 A.D.2d 684 →

Appellate Division of the Supreme Court of the State of New York·Decided December 11, 1969·Published

Opinion

Order unanimously reversed and matter remitted to Jefferson County Court for a hearing. Memorandum: The allegations of the petition raise the question of whether defendant’s failure to serve and file a notice of appeal was attributable to the failure of his assigned counsel .to advise him of his right to appeal. (See People v. Montgomery, 24 N Y 2d 130.) (Appeal from order of Jefferson County Court denying, without a hearing, motion to vacate judgment of conviction for murder, second degree, rendered January 9, 1958.) Present —• Marsh, J. P., Witmer, Gabrielli, Bastow and Henry, JJ.

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Order unanimously reversed and matter remitted to Jefferson County Court for a hearing. Memorandum: The allegations of the petition raise the question of whether defendant’s failure to serve and file a notice of appeal was attributable to the failure of his assigned counsel .to advise him of his right to appeal. (See People v. Montgomery, 24 N Y 2d 130.) (Appeal from order of Jefferson County Court denying, without a hearing, motion to vacate judgment of conviction for murder, second degree, rendered January 9, 1958.) Present —• Marsh, J. P., Witmer, Gabrielli, Bastow and Henry, JJ.

People v. Murphy, 33 A.D.2d 891, 307 N.Y.S.2d 856, 1969 N.Y. App. Div. LEXIS 2655 (N.Y. Ct. App. 1969).

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33 A.D.2d 891 (People v. Murphy) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.