From Casetext: Smarter Legal Research

People v. Shorts

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1971
36 A.D.2d 835 (N.Y. App. Div. 1971)

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.


Summaries of

People v. Shorts

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 1971
36 A.D.2d 835 (N.Y. App. Div. 1971)
Case details for

People v. Shorts

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. GEORGE SHORTS, Appellant

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

Date published: Apr 12, 1971

Citations

36 A.D.2d 835 (N.Y. App. Div. 1971)