People v. Weeks

Appellate Division of the Supreme Court of New York

People v. Weeks

23 A.D.2d 684, 257 N.Y.S.2d 496, 1965 N.Y. App. Div. LEXIS 4664

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

DecidedMarch 15, 1965

StatusPublished

Cited by2 cases

This text of 23 A.D.2d 684 (People v. Weeks) 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. Weeks, 23 A.D.2d 684, 257 N.Y.S.2d 496, 1965 N.Y. App. Div. LEXIS 4664 (N.Y. Ct. App. 1965).

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Opinion

In a coram nobis proceeding, the defendant appeals from an order of the Supreme Court, Kings County, entered August 12, 1963, which denied after a hearing his application to vacate a judgment of the former County Court, Kings County, rendered July 16, 1957 after a jury trial, convicting him of selling and possessing narcotic drugs as a felony, in violation of section 1751 of the Penal Law, and imposing sentence upon him as a second felony offender. Order affirmed. Defendant claimed that his retained counsel promised to file and serve a timely notice of appeal from the judgment of conviction. After a plenary hearing upon this issue the •trial court, upon the evidence adduced, found that counsel had m'ade no promise and had .given no assurance that he would file a notice of appeal or undertake to prosecute an appeal on behalf of the defendant. In our opinion, the proof amply supports this finding. In any event, even if counsel had promised and thereafter neglected to file and serve a timely notice of appeal, such unkept promise by counsel would be insufficient basis to justify vacating the judgment or sentence (People v. Márchese, 14 N Y 2d 695, affg. 19 A D 2d 728; People v. Tiling, 14 N Y 2d 571, affg. 19 A D 2d 750; People V. Smith, 22 A D 2d 924; People v. Augusta, 22 A D 2d 925). Ughetta, Acting P. J., Christ, Brennan, Hill and Rabin, JJ., concur.

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In a coram nobis proceeding, the defendant appeals from an order of the Supreme Court, Kings County, entered August 12, 1963, which denied after a hearing his application to vacate a judgment of the former County Court, Kings County, rendered July 16, 1957 after a jury trial, convicting him of selling and possessing narcotic drugs as a felony, in violation of section 1751 of the Penal Law, and imposing sentence upon him as a second felony offender. Order affirmed. Defendant claimed that his retained counsel promised to file and serve a timely notice of appeal from the judgment of conviction. After a plenary hearing upon this issue the •trial court, upon the evidence adduced, found that counsel had m'ade no promise and had .given no assurance that he would file a notice of appeal or undertake to prosecute an appeal on behalf of the defendant. In our opinion, the proof amply supports this finding. In any event, even if counsel had promised and thereafter neglected to file and serve a timely notice of appeal, such unkept promise by counsel would be insufficient basis to justify vacating the judgment or sentence (People v. Márchese, 14 N Y 2d 695, affg. 19 A D 2d 728; People v. Tiling, 14 N Y 2d 571, affg. 19 A D 2d 750; People V. Smith, 22 A D 2d 924; People v. Augusta, 22 A D 2d 925). Ughetta, Acting P. J., Christ, Brennan, Hill and Rabin, JJ., concur.

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Bluebook (online)

23 A.D.2d 684, 257 N.Y.S.2d 496, 1965 N.Y. App. Div. LEXIS 4664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-weeks-nyappdiv-1965.

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