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People v. Perales

Court of Appeals of New York.
Sep 16, 2014
18 N.E.3d 739 (N.Y. 2014)

Opinion

09-16-2014

The PEOPLE, etc., Respondent, v. Richard PERALES, Appellant.

Richard Perales, appellant pro se. Richard A. Brown, District Attorney, Kew Gardens (Edward D. Saslaw of counsel), for respondent.


Richard Perales, appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens (Edward D. Saslaw of counsel), for respondent.

Opinion

MEMORANDUM:

The order of the Appellate Division should be reversed and defendant's application for a writ of error coram nobis seeking leave to file a late notice of appeal granted and the case remitted to the Appellate Division for further proceedings in accordance with this memorandum.

At his sentencing proceeding, defendant made a challenge to his guilty plea. The court denied the challenge, noting to defense counsel that he could file an appeal on defendant's behalf. Defense counsel failed to do so, despite letters from defendant inquiring as to the status of the appeal. After not hearing from defense counsel on the issue, defendant made an inquiry with the Appellate Division and learned that a notice of appeal was never filed. Defendant, acting pro se, attempted to get permission to file a late notice of appeal but was procedurally barred from doing so because the one-year time period set by CPL 460.30 had passed. He also made a pro se CPL 440 motion, which was denied on the ground that it was procedurally barred due to the fact that the issue was apparent from the record.

Under these circumstances, defendant met his entitlement to the relief sought (see People v. Syville, 15 N.Y.3d 391, 912 N.Y.S.2d 477, 938 N.E.2d 910 [2010] ).

On review of submissions pursuant to section 500.11 of the Rules, order reversed, defendant's coram nobis application granted and case remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS–SALAAM concur.


Summaries of

People v. Perales

Court of Appeals of New York.
Sep 16, 2014
18 N.E.3d 739 (N.Y. 2014)
Case details for

People v. Perales

Case Details

Full title:The PEOPLE, etc., Respondent, v. Richard PERALES, Appellant.

Court:Court of Appeals of New York.

Date published: Sep 16, 2014

Citations

18 N.E.3d 739 (N.Y. 2014)
24 N.Y.3d 939
994 N.Y.S.2d 39
2014 N.Y. Slip Op. 6159