¶1Appeal by defendant from an order of the County Court, Westchester County, entered October 27, 1970, which denied his application for a writ of error eoram nobis without a hearing. Order reversed, on the law, and the matter remitted to the County Court for a hearing consistent with the views expressed in the following memorandum-. Defendant was convicted after a jury trial and was sentenced on June 3, 1969, approximately four months after the decision in People v. Montgomery (24 N Y 2d 130). Defendant’s claim in his coram nobis application that he was not advised of his right- to appeal, raises an issue of fact that should be determined at a hearing. Hopkins, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.
42 A.D.2d 860
People v. Gory
Appellate Division of the Supreme Court of the State of New York
Decided August 13, 1973
Appellate Division of the Supreme Court of the State of New York · decided 1973-08-13
Cited by 2 later decisions — most recently March 1974
1 federal appellate ·
Good law ✅— No negative treatment on recordhow we know
Decided 1973-08-13
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