Order reversed, on the law, and proceeding remitted to the County Court for (1) a hearing on the question of whether defendant was not informed of, was not aware of, and would have appealed had he been aware of, his right to appeal from the judgment in question and (2) a new determination.
The findings of fact below have not been considered. Defendant was convicted in 1953 of murder in the second degree, upon his plea of guilty. He never appealed and is still serving...
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