Opinion
December 11, 1969
Appeal from the Jefferson County Court.
Present — Marsh, J.P., Witmer, Gabrielli, Bastow and Henry, JJ.
Order unanimously reversed and matter remitted to Jefferson County Court for a hearing. Memorandum: The allegations of the petition raise the question of whether defendant's failure to serve and file a notice of appeal was attributable to the failure of his assigned counsel to advise him of his right to appeal. (See People v. Montgomery, 24 N.Y.2d 130.)