Order reversed, on the law, and proceeding remanded to the County Court for a hearing and a new determination.
In our opinion, defendant's claim that his retained counsel agreed to file a notice of appeal, but failed to file it, presented a question of fact sufficient to require a hearing; and retained counsel's affidavit categorically denying defendant's claim should not have been accorded conclusive effect (People v. Callaway,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.