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Court of Appeals of New York


People v. Perales, 215 SSM 12

Defendant's application for a writ of error corm nobis seeking leave to file a late notice of appeal is granted, where: 1) defense counsel failed to file an appeal on defendant's behalf challenging the guilty plea, despite letters from defendant inquiring as to the status of the appeal; 2) acting pro se, defendant attempted to get permission to file a late notice of appeal but was procedurally barred from doing so because the one-year time period set by CPL 460.30 had passed; and 3) under the circumstances, defendant thus met his entitled to the relief sought.

Appellate Information

  • Decided 10/15/2014
  • Published 10/15/2014

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Court

  • Court of Appeals of New York

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