Order reversed, on the law, and the proceeding remitted to the Criminal Term for the purpose of holding a hearing limited to the question of whether defendant's failure to serve and file a timely notice of appeal from the judgment of conviction rendered December 15, 1960 was attributable to the failure of his retained counsel to advise him of his right to appeal. No questions of fact have been considered.
Reversal and remission, as herein directed, are required by...
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