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PEOPLE v. HAYNES

33 A.D.2d 992 (1970)

The People of the State of New York, Respondent, v. Dennis Haynes, Jr., Appellant

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

January 15, 1970

Orders unanimously reversed and matter remitted to Monroe County Court for further proceedings in accordance with the following memorandum:

Defendant is entitled to a hearing upon the controverted allegations of the petition to determine whether his failure to serve and file a notice of appeal was attributable to the failure of his assigned counsel to advise him of his right to appeal. (People v. Montgomery, 24 N.Y.2d 130

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