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People v. Greene

Appellate Division of the Supreme Court of New York, Second Department
Jul 20, 1970
35 A.D.2d 587 (N.Y. App. Div. 1970)

Opinion

July 20, 1970


In a coram nobis proceeding, defendant appeals from an order of the County Court, Westchester County, dated August 1, 1969, which denied the application, without a hearing. Order affirmed, without prejudice to renewal of the application on more adequate papers, if defendant be so advised. Defendant was convicted on his plea of guilty and was sentenced as a second felony offender. He alleged below that he was not advised of his right to appeal and was not aware of his right to do so. In our opinion, under the facts and circumstances adduced at bar, even if a hearing were accorded to defendant pursuant to People v. Montgomery ( 24 N.Y.2d 130), it would be incumbent upon him to establish thereat that he would have appealed had he been advised of his right to do so. Accordingly, absent an allegation to that effect, defendant sets forth no adequate basis for the relief sought or for the ordering of a Montgomery hearing in the first instance. (See People v. Saunders, 35 A.D.2d 591), decided herewith.) Christ, P.J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.


Summaries of

People v. Greene

Appellate Division of the Supreme Court of New York, Second Department
Jul 20, 1970
35 A.D.2d 587 (N.Y. App. Div. 1970)
Case details for

People v. Greene

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES GREENE, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 20, 1970

Citations

35 A.D.2d 587 (N.Y. App. Div. 1970)

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