Opinion
February 1, 1971
In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated September 18, 1969, which denied the application after a hearing. Order reversed, on the law and the facts, and application granted to the extent of ordering that defendant be resentenced. In our opinion, the evidence adduced at the hearing sufficiently demonstrated that at the time of the rendition of the judgment of conviction appellant was not informed of his right to appeal; that not only was he not so informed but he was also not aware of his right to appeal, and that he would have appealed had he been aware thereof. Under the circumstances, appellant was entitled to be resentenced, even if his conviction was based on a plea of guilty ( People v. Callaway, 24 N.Y.2d 127; People v. Montgomery, 24 N.Y.2d 130; People v. Ludwig, 16 N.Y.2d 1062; People v. Saunders, 35 A.D.2d 591; People v. Groff, 32 A.D.2d 592; People v. Lewis, 34 A.D.2d 557; People v. Nostro, 33 A.D.2d 693). Rabin, P.J., Hopkins, Munder, Martuscello and Christ, JJ., concur.