PEOPLE v. WASHINGTON


38 A.D.2d 703 (1972)

The People of the State of New York, Respondent, v. Joseph Washington, Appellant

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

January 31, 1972


On this application for resentence in order to afford an opportunity for appeal, defendant testified that after his trial in 1959 he was never advised of his right to appeal and was in fact ignorant of it. There was nothing inherently improbable in his testimony and it was in no way contradicted. The court failed to believe him but gave no indication that this was the result of his demeanor on the stand or any other factor in regard to his testimony which would substantiate...

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