People v. Rivera

Appellate Division of the Supreme Court of New York

People v. Rivera

41 A.D.2d 851, 342 N.Y.S.2d 858, 1973 N.Y. App. Div. LEXIS 4656

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

DecidedApril 23, 1973

StatusPublished

This text of 41 A.D.2d 851 (People v. Rivera) 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. Rivera, 41 A.D.2d 851, 342 N.Y.S.2d 858, 1973 N.Y. App. Div. LEXIS 4656 (N.Y. Ct. App. 1973).

Pincite

Opinion

In two coram nobis proceedings to vacate a 1953 judgment of conviction, defendant appeals from an order of the Supreme Court, Kings County, dated October 28, 1970, which denied both applications without a hearing. Order reversed, on the law, and applications granted to the extent of directing that (1) a hearing be held on defendant’s contention that he was not advised of his right to appeal and did not know he had such right and (2) a new determination be made. The fact that defendant did not allege more than that he was not advised of his right to appeal and did not know he had such right does not defeat his right to a hearing. People v. Lynn and People v. Saunders (28 N Y 2d 196) are inapposite. There, the convictions were upon guilty pleas. Here the conviction was after trial. Rabin, P. J., Hopkins, Munder, Martuseello and Christ, JJ., concur.

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In two coram nobis proceedings to vacate a 1953 judgment of conviction, defendant appeals from an order of the Supreme Court, Kings County, dated October 28, 1970, which denied both applications without a hearing. Order reversed, on the law, and applications granted to the extent of directing that (1) a hearing be held on defendant’s contention that he was not advised of his right to appeal and did not know he had such right and (2) a new determination be made. The fact that defendant did not allege more than that he was not advised of his right to appeal and did not know he had such right does not defeat his right to a hearing. People v. Lynn and People v. Saunders (28 N Y 2d 196) are inapposite. There, the convictions were upon guilty pleas. Here the conviction was after trial. Rabin, P. J., Hopkins, Munder, Martuseello and Christ, JJ., concur.

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Bluebook (online)

41 A.D.2d 851, 342 N.Y.S.2d 858, 1973 N.Y. App. Div. LEXIS 4656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rivera-nyappdiv-1973.