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People v. Marchese

Court of Appeals of the State of New York
Apr 30, 1964
14 N.Y.2d 695 (N.Y. 1964)

Summary

In People v. Marchese, 14 N.Y.2d 695, 249 N.Y.S.2d 888, 198 N.E.2d 916 (1964) the same result was reached when the petitioner alleged his retained counsel failed to fulfill a promise to file the notice of appeal.

Summary of this case from United States ex Rel. Witt v. LaVallee

Opinion

Argued March 30, 1964

Decided April 30, 1964

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN R. STARKEY, J.

Lauren D. Rachlin and Herman Schwartz for appellant.

Edward S. Silver, District Attorney ( William I. Siegel of counsel), for respondent.


Order affirmed; no opinion.

Concur: Judges DYE, VAN VOORHIS, BURKE and SCILEPPI. Chief Judge DESMOND and Judges FULD and BERGAN dissent and vote to reverse and to order a hearing.


Summaries of

People v. Marchese

Court of Appeals of the State of New York
Apr 30, 1964
14 N.Y.2d 695 (N.Y. 1964)

In People v. Marchese, 14 N.Y.2d 695, 249 N.Y.S.2d 888, 198 N.E.2d 916 (1964) the same result was reached when the petitioner alleged his retained counsel failed to fulfill a promise to file the notice of appeal.

Summary of this case from United States ex Rel. Witt v. LaVallee

In People v. Marchese (14 N.Y.2d 695, cert. den. 381 U.S. 910) and People v. Smith (14 N.Y.2d 696, cert. den. 381 U.S. 920) the Court of Appeals affirmed holdings of the Appellate Division, Second Department which in turn affirmed denials, without hearing, of applications made below, each of which alleged that the right to appeal was lost because of the acts or omissions of retained counsel.

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

People v. Marchese

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH MARCHESE…

Court:Court of Appeals of the State of New York

Date published: Apr 30, 1964

Citations

14 N.Y.2d 695 (N.Y. 1964)
249 N.Y.S.2d 888
198 N.E.2d 916

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