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People v. Seible

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1971
36 A.D.2d 828 (N.Y. App. Div. 1971)

Opinion

April 5, 1971


In a coram nobis proceeding, defendant appeals from an order of the County Court, Westchester County, dated October 22, 1970, which denied the application without a hearing. Order reversed, on the law, and application granted to the extent of directing that a hearing be held in the County Court and a new determination be there made. We find that the allegations in defendant's original and supplemental petitions that he was not aware of his right to appeal at the time of his conviction upon his guilty plea in March, 1955 and that had he been aware of his right to appeal he would have done so are sufficient to require a hearing under our holding in People v. Saunders ( 35 A.D.2d 591). Rabin, P.J., Hopkins, Munder, Martuscello and Christ, JJ., concur.


Summaries of

People v. Seible

Appellate Division of the Supreme Court of New York, Second Department
Apr 5, 1971
36 A.D.2d 828 (N.Y. App. Div. 1971)
Case details for

People v. Seible

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS SEIBLE…

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

Date published: Apr 5, 1971

Citations

36 A.D.2d 828 (N.Y. App. Div. 1971)