Summary
In People v. Ludwig (16 N.Y.2d 1062 [Dec. 1, 1965]) the Court of Appeals ordered a coram nobis hearing to determine whether the defendant's indigency had prevented him from perfecting his appeal (which was dismissed for lack of prosecution), even though it was his retained counsel's apparent neglect that caused the dismissal.
Summary of this case from People v. CallawayOpinion
Argued October 19, 1965
Decided December 1, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, PETER T. FARRELL, J.
Gretchen White Oberman and Anthony F. Marra for appellant.
Frank D. O'Connor, District Attorney ( Benj. J. Jacobson of counsel), for respondent.
Order reversed upon the dissenting opinion at the Appellate Division and matter remitted to the Supreme Court, Queens County, for a further hearing to determine whether defendant, because of indigence, was prevented from perfecting his appeal from the judgment of conviction. We pass upon no other question.
Concur: Chief Judge DESMOND and Judges FULD, BURKE and BERGAN. Judges DYE, VAN VOORHIS and SCILEPPI dissent and vote to affirm.