Citation Numbers: 32 A.D.2d 514
Filed Date: 4/2/1969
Status: Precedential
Modified Date: 1/12/2022
Order entered on October 5, 1967, denying petition for
writ of error coram nobis, unanimously reversed on -the law, and a hearing directed on the factual issues presented by the allegations of the petition, limited however to the alleged wrongful conduct of counsel in failing timely to file a notice of appeal. When the subject order was made, the controlling -law was as expressed in People v. Marchese (19 A D 2d 728, affd. 14 N Y 2d 695) such a dereliction on the part of retained counsel, -as distinguished from assigned counsel, would not provide a basis for coram nobis relief. Since the denial of a hearing herein, the Court of Appeals has spoken again (People v. Montgomery,