PEOPLE v. CALLAWAY


24 N.Y.2d 127 (1969)

The People of the State of New York, Respondent, v. Henry Callaway, Appellant.

Court of Appeals of the State of New York.

Decided February 27, 1969.


Attorney(s) appearing for the Case

Charles T. Matthews for appellant.

George J. Aspland, District Attorney (John Copertino of counsel), for respondent.

Judges BURKE, BERGAN and KEATING concur; Judges SCILEPPI, BREITEL and JASEN concur in result on the grounds that defendant's court-assigned lawyer allegedly promised to take an appeal, had failed to do so and had subsequently been disbarred for similar omissions to take appeals in criminal cases although he had promised to do so.


Chief Judge FULD.

The sole question presented is whether a defendant is entitled to a coram nobis hearing when his petition alleges, in effect, that he was prevented from exercising his right to appeal from the judgment of conviction by an assurance from the lawyer, who had been assigned to represent him upon a trial, that an appeal would be taken on his behalf.

The defendant was convicted in June...

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