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PEOPLE v. MARTINDALE

33 A.D.2d 813 (1969)

The People of the State of New York, Respondent, v. Nelson Harold Martindale, Appellant

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

December 1, 1969

REYNOLDS, J.

We feel that we are required to hold on the present posture of the decisional law as laid down by the Court of Appeals in People v. Montgomery (24 N.Y.2d 130) that a hearing is necessary on appellant's allegation that his retained counsel failed to apprise him of his right to appeal (People v. Groff, 32 A.D.2d 592). Our reticence to embrace Montgomery...

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