People v. Schermerhorn

Appellate Division of the Supreme Court of New York

People v. Schermerhorn

30 A.D.2d 1001, 294 N.Y.S.2d 991, 1968 N.Y. App. Div. LEXIS 3107

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

DecidedOctober 22, 1968

StatusPublished

This text of 30 A.D.2d 1001 (People v. Schermerhorn) 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. Schermerhorn, 30 A.D.2d 1001, 294 N.Y.S.2d 991, 1968 N.Y. App. Div. LEXIS 3107 (N.Y. Ct. App. 1968).

Pincite

Opinion

Reynolds, J.

Appeal from an order of the County Court, Rensselaer County, denying appellant’s application for a writ of error coram nobis, without a hearing. Appellant should have been granted a hearing on his allegations that his assigned attorney failed to advise him of his right to appeal (People v. Garrow, 30 A D 2d 618). Accordingly, the order appealed from must be reversed and an appropriate hearing directed. Order reversed, on the law, and proceedings remitted to the County Court, Rensselaer County, for the purposes of a hearing limited to the question of whether appellant’s failure to serve and file a timely notice of appeal was attributable to the failure of his assigned attorney to advise him of his right to appeal. Gibson, P. J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Reynolds, J.

Free access — add to your briefcase to read the full text and ask questions with AI

Reynolds, J.

Appeal from an order of the County Court, Rensselaer County, denying appellant’s application for a writ of error coram nobis, without a hearing. Appellant should have been granted a hearing on his allegations that his assigned attorney failed to advise him of his right to appeal (People v. Garrow, 30 A D 2d 618). Accordingly, the order appealed from must be reversed and an appropriate hearing directed. Order reversed, on the law, and proceedings remitted to the County Court, Rensselaer County, for the purposes of a hearing limited to the question of whether appellant’s failure to serve and file a timely notice of appeal was attributable to the failure of his assigned attorney to advise him of his right to appeal. Gibson, P. J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Reynolds, J.

Cite This Page — Counsel Stack

Bluebook (online)

30 A.D.2d 1001, 294 N.Y.S.2d 991, 1968 N.Y. App. Div. LEXIS 3107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schermerhorn-nyappdiv-1968.