PEOPLE v. LUCCI


27 N.Y.2d 550 (1970)

The People of the State of New York, Respondent, v. Martin Lucci, Appellant.

Court of Appeals of the State of New York.

Decided May 28, 1970.


Attorney(s) appearing for the Case

Frank S. Polestino for appellant.

John M. Braisted, Jr., District Attorney (Norman C. Morse of counsel), for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur; Judge BURKE taking no part.


MEMORANDUM.

Order reversed and hearing directed. The People concede there should be a hearing in this coram nobis proceeding to determine the truth of appellant's claim that he did not appeal from the judgment of conviction because of his retained lawyer's failure to advise him of a right to appeal as a poor person without payment of additional fees (People v. Montgomery, 24 N.Y.2d 130

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