People v. Satisfield

Appellate Division of the Supreme Court of New York

People v. Satisfield

25 A.D.2d 817, 269 N.Y.S.2d 1020, 1966 N.Y. App. Div. LEXIS 4549

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

DecidedApril 7, 1966

StatusPublished

This text of 25 A.D.2d 817 (People v. Satisfield) 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. Satisfield, 25 A.D.2d 817, 269 N.Y.S.2d 1020, 1966 N.Y. App. Div. LEXIS 4549 (N.Y. Ct. App. 1966).

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Opinion

Order reversed and matter remitted to Onondaga County Court for a hearing. Memorandum: A hearing is required to pass on the factual issues presented by the petition as to whether appellant was effectually denied the right of appeal or whether his attempt to appeal was frustrated by the alleged claim that his assigned trial counsel in substance refused to file a notice of appeal following conviction and sentence. It is further alleged that such counsel recommended another attorney who in turn declined to act without compensation. (Cf. People v. Adams, 12 N Y 2d 417; People v. Coe, 16 A D 2d 876.) All concur, except Marsh, J., who dissents and votes to affirm. (Appeal from order of Onondaga County Court denying, without a hearing, motion to vacate judgment of conviction for manslaughter, first degree, rendered February 18, 1949.)

Present — Williams, P. J., Bastow, Henry and Marsh, JJ.

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Order reversed and matter remitted to Onondaga County Court for a hearing. Memorandum: A hearing is required to pass on the factual issues presented by the petition as to whether appellant was effectually denied the right of appeal or whether his attempt to appeal was frustrated by the alleged claim that his assigned trial counsel in substance refused to file a notice of appeal following conviction and sentence. It is further alleged that such counsel recommended another attorney who in turn declined to act without compensation. (Cf. People v. Adams, 12 N Y 2d 417; People v. Coe, 16 A D 2d 876.) All concur, except Marsh, J., who dissents and votes to affirm. (Appeal from order of Onondaga County Court denying, without a hearing, motion to vacate judgment of conviction for manslaughter, first degree, rendered February 18, 1949.)

Present — Williams, P. J., Bastow, Henry and Marsh, JJ.

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Bluebook (online)

25 A.D.2d 817, 269 N.Y.S.2d 1020, 1966 N.Y. App. Div. LEXIS 4549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-satisfield-nyappdiv-1966.