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

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

DecidedDecember 11, 1969

StatusPublished

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

Pincite

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.

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Bluebook (online)

33 A.D.2d 891, 307 N.Y.S.2d 856, 1969 N.Y. App. Div. LEXIS 2655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-murphy-nyappdiv-1969.