People v. Volious

Appellate Division of the Supreme Court of New York

People v. Volious

33 A.D.2d 976, 307 N.Y.S.2d 406, 1970 N.Y. App. Div. LEXIS 5732

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

DecidedJanuary 15, 1970

StatusPublished

This text of 33 A.D.2d 976 (People v. Volious) 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. Volious, 33 A.D.2d 976, 307 N.Y.S.2d 406, 1970 N.Y. App. Div. LEXIS 5732 (N.Y. Ct. App. 1970).

Pincite

Opinion

Order entered September 15, 1966 unanimously vacated and appeal reinstated; appeal from order of June 19,1968 dismissed as academic. Memorandum: Defendant was convicted on April 14, 1966 of possession of a loaded gun. In this application for coram nobis relief he states that his assigned attorney represented to him that his appeal would be prosecuted. Apparently the promise was not implemented since the appeal, which was timely taken on March 13,1966, was dismissed on September 15,1966 for failure to prosecute. Under the circumstances here presented the order of dismissal should be vacated and the defendant given an opportunity to have his appeal heard. (People v. Montgomery, 24 N Y 2d 130.) (Appeal from order of Erie County Court denying, without a hearing, motion to vacate judgment of conviction for violation of Penal Law, § 1897, subd. 2, rendered April 14,1966.) Present — Goldman, P. J., Gabrielli, Moule, Bastow and Henry, JJ.

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Order entered September 15, 1966 unanimously vacated and appeal reinstated; appeal from order of June 19,1968 dismissed as academic. Memorandum: Defendant was convicted on April 14, 1966 of possession of a loaded gun. In this application for coram nobis relief he states that his assigned attorney represented to him that his appeal would be prosecuted. Apparently the promise was not implemented since the appeal, which was timely taken on March 13,1966, was dismissed on September 15,1966 for failure to prosecute. Under the circumstances here presented the order of dismissal should be vacated and the defendant given an opportunity to have his appeal heard. (People v. Montgomery, 24 N Y 2d 130.) (Appeal from order of Erie County Court denying, without a hearing, motion to vacate judgment of conviction for violation of Penal Law, § 1897, subd. 2, rendered April 14,1966.) Present — Goldman, P. J., Gabrielli, Moule, Bastow and Henry, JJ.

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Bluebook (online)

33 A.D.2d 976, 307 N.Y.S.2d 406, 1970 N.Y. App. Div. LEXIS 5732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-volious-nyappdiv-1970.