PEOPLE v. SMITH


28 A.D.2d 1167 (1967)

The People of the State of New York, Respondent, v. Donald E. Smith, Appellant

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

November 17, 1967


Per Curiam.

Construing defendant's papers liberally, as we are bound to do, we conclude that they contain factual allegations of conduct on the part of the jail authorities having the result of depriving defendant of his right to appeal and are thus sufficient to require a hearing. As to this ground, his affidavit states: "The defendant made many attempts to appeal his conviction and sentence. On June 12th and on June 26, 1965, the undersheriff promised to...

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