Opinion
April 12, 1971
In a coram nobis proceeding for the limited relief of procuring a resentence upon his conviction under indictment No. 2633/1956, defendant appeals from an order of the Supreme Court, Kings County, dated February 17, 1970, which denied the application after a hearing. Order reversed, on the law and the facts, and application granted. We are of the opinion that the evidence at the hearing sufficiently demonstrates that defendant was never advised of his right to appeal and that had he been so advised he would have appealed from the judgment of conviction. Accordingly, defendant should have been granted a judgment of resentence pursuant to People v. Montgomery ( 24 N.Y.2d 130). Rabin, P.J., Hopkins, Munder, Martuscello and Christ, JJ., concur.