PEOPLE v. CUPPINGER


23 A.D.2d 681 (1965)

The People of the State of New York, Respondent, v. John Francis Cuppinger, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 15, 1965


Order reversed on the law and the facts, and application remitted to the court below for a hearing and for further proceedings not inconsistent herewith.

In his petition, the defendant alleged, inter alia, that he was deprived of his right to appeal because: (a) his assigned counsel promised but failed to file and serve a timely notice of appeal from the judgment; and (b) he, the defendant, immediately before sentence, at the time of sentence and for sometime...

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