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PEOPLE v. McDONOUGH

36 A.D.2d 748 (1971)

The People of the State of New York, Respondent, v. Gerald McDonough, Appellant

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

March 15, 1971

Order reversed, on the law, and application granted to the extent that a hearing is directed to be held in accordance with the views herein.

Defendant is entitled to a hearing on his application to determine whether he ever was advised of his right to appeal from the October 20, 1964 judgment of conviction and whether, if he were so advised, he would have appealed (People v. Montgomery, 24 N.Y.2d 130...

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