Court of Appeals of New York

In an application for coram nobis relief from defendant's attorney's failure to file a timely notice of appeal of defendant's conviction, the appellate division's denial of the writ is reversed where a defendant must be provided with an opportunity to assert a claim that the right to appeal has been lost due solely to the unconstitutionally deficient performance of counsel in failing to file a timely notice of appeal.

Appellate Information

• Decided 10/14/2010
• Published 10/14/2010

Judges

• Victoria A. Graffeo

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Abigail Everett, Alan Gadlin