SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
December 11, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
FRANK EDWARD MURPHY, APPELLANT
Appeal from order of Jefferson County Court denying, without a hearing, motion to vacate judgment of conviction for murder, second degree, rendered January 9, 1958.
Marsh, J. P., Witmer, Gabrielli, Bastow and Henry, JJ.
Memorandum: The allegations of the petition raise the question of whether defendant's failure to serve and file a notice of appeal was attributable to the failure of his assigned counsel to advise him of his right to appeal. (See People v. Montgomery, 24 N.Y.2d 130.)
Order unanimously reversed and matter remitted to Jefferson County Court for a hearing.
© 1998 VersusLaw Inc.