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People v. Lee

Appellate Division of the Supreme Court of New York, Second Department
Mar 12, 1973
41 A.D.2d 757 (N.Y. App. Div. 1973)

Summary

In People v Lee (41 AD2d 757, revd on other grounds 35 NY2d 826, supra), defendant's letter, seeking leave to appeal in forma pauperis, was treated "as an effective notice of appeal."

Summary of this case from People v. Ashe

Opinion

March 12, 1973


Judgment of the Supreme Court, Kings County, rendered August 20, 1971, affirmed (CPL 470.05, subd. 1). There are two notices of appeal in the printed record on appeal. They are dated September 21, 1971 and October 13, 1971, respectively, more than 30 days after the rendition of the judgment. Accordingly, it patently appears that neither of those notices is effective to bring on this appeal (CPL 460.10, subd. 1). However, we have determined that the appeal was timely brought on the basis of defendant's letter, dated September 10, 1971, which was received by the clerk of the trial court and in which defendant sought leave to appeal in forma pauperis. We have treated the letter as an effective notice of appeal. Hopkins, Acting P.J., Munder, Martuscello, Latham and Shapiro, JJ., concur.


Summaries of

People v. Lee

Appellate Division of the Supreme Court of New York, Second Department
Mar 12, 1973
41 A.D.2d 757 (N.Y. App. Div. 1973)

In People v Lee (41 AD2d 757, revd on other grounds 35 NY2d 826, supra), defendant's letter, seeking leave to appeal in forma pauperis, was treated "as an effective notice of appeal."

Summary of this case from People v. Ashe

In People v. Lee, 41 A.D.2d 757, rev'd on other grounds, 35 N.Y.2d 860, defendant's letter, seeking leave to appeal in forma pauperis, was treated "as an effective notice of appeal."

Summary of this case from People v. Ashe
Case details for

People v. Lee

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS LEE, Appellant

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

Date published: Mar 12, 1973

Citations

41 A.D.2d 757 (N.Y. App. Div. 1973)

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