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People v. Lynch

Appellate Division of the Supreme Court of New York, First Department
Sep 25, 1969
33 A.D.2d 515 (N.Y. App. Div. 1969)

Opinion

September 25, 1969


Order entered August 28, 1968, denying, without a hearing, a petition for a writ of error coram nobis unanimously reversed on the law and a hearing directed as to whether defendant was deprived of his right to appeal because of failure to have counsel during the period of time during which an appeal could be taken. The allegations in the petition are sufficient to require a hearing. ( People v. Callaway, 24 N.Y.2d 127; People v. Montgomery, 24 N.Y.2d 130; People v. Ramsey, 23 N.Y.2d 656; People v. Sullivan, 32 A.D.2d 514.)

Concur — Stevens, P.J., Tilzer, McGivern, McNally and Macken, JJ.


Summaries of

People v. Lynch

Appellate Division of the Supreme Court of New York, First Department
Sep 25, 1969
33 A.D.2d 515 (N.Y. App. Div. 1969)
Case details for

People v. Lynch

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELLSWORTH LYNCH…

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

Date published: Sep 25, 1969

Citations

33 A.D.2d 515 (N.Y. App. Div. 1969)

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