People v. Seiler

Appellate Division of the Supreme Court of New York

People v. Seiler

26 A.D.2d 540, 272 N.Y.S.2d 688, 1966 N.Y. App. Div. LEXIS 3856

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

DecidedJune 28, 1966

StatusPublished

This text of 26 A.D.2d 540 (People v. Seiler) 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. Seiler, 26 A.D.2d 540, 272 N.Y.S.2d 688, 1966 N.Y. App. Div. LEXIS 3856 (N.Y. Ct. App. 1966).

Pincite

Opinion

Order, entered March 4,1964, denying defendant’s motion to vacate on grounds in the nature of a writ of error coram nobis, an order of January 24, 1957, dismissing his appeal from a judgment of conviction of July 24, 1951 for illegal possession of dangerous weapons and sentencing him, after trial, to two consecutive prison terms of 13 to 14 years each, unanimously reversed, on the law, and the proceedings remanded to Supreme Court for a hearing. A sufficient showing is made, prima facie, that defendant’s appeal may have been dismissed for neglect due to lack of notice and to indigency and ignorance of the defendant (e.g., People v. Adams, 12 N Y 2d 417). The record shows that defendant made an effort to obtain an affidavit from his then lawyer which effort at the time of the making of the petition had not been successful through no apparent fault of defendant. Concur — Botein, P. J., Breitel, Steuer, Capozzoli and Witmer, JJ.

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Order, entered March 4,1964, denying defendant’s motion to vacate on grounds in the nature of a writ of error coram nobis, an order of January 24, 1957, dismissing his appeal from a judgment of conviction of July 24, 1951 for illegal possession of dangerous weapons and sentencing him, after trial, to two consecutive prison terms of 13 to 14 years each, unanimously reversed, on the law, and the proceedings remanded to Supreme Court for a hearing. A sufficient showing is made, prima facie, that defendant’s appeal may have been dismissed for neglect due to lack of notice and to indigency and ignorance of the defendant (e.g., People v. Adams, 12 N Y 2d 417). The record shows that defendant made an effort to obtain an affidavit from his then lawyer which effort at the time of the making of the petition had not been successful through no apparent fault of defendant. Concur — Botein, P. J., Breitel, Steuer, Capozzoli and Witmer, JJ.

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Bluebook (online)

26 A.D.2d 540, 272 N.Y.S.2d 688, 1966 N.Y. App. Div. LEXIS 3856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-seiler-nyappdiv-1966.