PEOPLE v. RIVERA


39 N.Y.2d 519 (1976)

The People of the State of New York, Appellant, v. Luis Rivera, Respondent.

Court of Appeals of the State of New York.

Decided May 11, 1976.


Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Mark M. Baker of counsel), for appellant.

Jane Deutscher and Steven J. Hyman for respondent.

Judges GABRIELLI, JONES, WACHTLER and COOKE concur with Judge FUCHSBERG; Judge JASEN dissents and votes to reverse in a separate opinion in which Chief Judge BREITEL concurs.


FUCHSBERG, J.

The issue is whether an indigent defendant who, because he was originally not advised of his right to appeal, has been resentenced nunc pro tunc so as to recommence the running of his time to appeal, is entitled, under the special circumstances in this case, to a new trial where a transcript of the original trial minutes is unobtainable and no alternative sources for perfecting his appeal...

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