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. LaValleeOpinion
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.