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People v. Juhl

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 3, 1969
32 A.D.2d 609 (N.Y. App. Div. 1969)

Opinion

April 3, 1969

Appeal from the Cayuga County Court.

Present — Goldman, P.J., Marsh, Witmer, Moule and Henry, JJ.


Order unanimously reversed and matter remitted to Cayuga County Court for a hearing in accordance with the following Memorandum: Defendant's petition asserts that after being received at Elmira Reformatory, pursuant to his sentence, he was on at least three occasions prevented from mailing a notice of appeal within the 30-day period. He categorically states that he had prepared a notice of appeal which the Principal Keeper and the correspondence department refused to permit him to mail. The reasons given for denial of his right to serve the notice, petitioner states, were that he had "no stamps on deposit", that the court and Cayuga County District Attorney were "not on an approved list of correspondence" and that further he had "not been granted permission to correspond with addressee". Defendant maintains that had he not been so prevented from mailing his notice of appeal it would have been timely served. People v. Hairston ( 10 N.Y.2d 92) held that the circumstances alleged by defendant require that a hearing be had to determine if defendant was wrongfully prevented from serving a notice of appeal (cf. People v. Callaway, 24 N.Y.2d 127; People v. Montgomery, 24 N.Y.2d 130 [Feb. 27, 1969]; People v. Hill, 9 A.D.2d 451; People v. Guhr, 5 A.D.2d 688).


Summaries of

People v. Juhl

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 3, 1969
32 A.D.2d 609 (N.Y. App. Div. 1969)
Case details for

People v. Juhl

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFRED CARL JUHL…

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

Date published: Apr 3, 1969

Citations

32 A.D.2d 609 (N.Y. App. Div. 1969)
299 N.Y.S.2d 663