¶1Appeal from an order of the County Court, Otsego County, which denied, without a hearing, appellant’s motion to obtain a resentence in order to permit him to file a timely appeal. Appellant should have been granted a hearing on his allegations that his retained counsel failed to advise him of his right to appeal (People v. Montgomery, 24 N Y 2d 130; People v. Groff, 32 A D 2d 592; People v. Garrow, 30 A D 2d 618). Order reversed, on the law, and proceeding remitted to the County Court of Otsego County for the purpose of holding a hearing limited to the question of whether the appellant’s failure to serve and file a timely notice of appeal was attributable to the failure of his retained counsel to advise him of his right to appeal. Herlihy, P. J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J.
33 A.D.2d 1077
People v. Jordan
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 1970
Appellate Division of the Supreme Court of the State of New York · decided 1970-02-20
Cited by 1 later decisions — most recently July 1986
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1970-02-20
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