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People v. McDonough

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1971
36 A.D.2d 748 (N.Y. App. Div. 1971)

Opinion

March 15, 1971


In a coram nobis proceeding, defendant appeals from an order of the County Court, Westchester County, dated March 31, 1970, which denied the application without a hearing. Order reversed, on the law, and application granted to the extent that a hearing is directed to be held in accordance with the views herein. Defendant is entitled to a hearing on his application to determine whether he ever was advised of his right to appeal from the October 20, 1964 judgment of conviction and whether, if he were so advised, he would have appealed ( People v. Montgomery, 24 N.Y.2d 130; People v. Nostro, 33 A.D.2d 693). Hopkins, Acting P.J., Munder, Christ, Brennan and Benjamin, JJ., concur.


Summaries of

People v. McDonough

Appellate Division of the Supreme Court of New York, Second Department
Mar 15, 1971
36 A.D.2d 748 (N.Y. App. Div. 1971)
Case details for

People v. McDonough

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD McDONOUGH…

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

Date published: Mar 15, 1971

Citations

36 A.D.2d 748 (N.Y. App. Div. 1971)