PEOPLE v. CORSO


40 N.Y.2d 578 (1976)

The People of the State of New York, Appellant, v. Peter Corso, Respondent.

Court of Appeals of the State of New York.

Decided October 26, 1976.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Richard H. Girgenti, Peter L. Zimroth and Robert M. Pitler of counsel), New York City, for appellant.

Edward J. Boyle, New York City, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed and defendant's motion to be resentenced denied.

In order to be entitled to a hearing on a claim that he was not advised of the right to appeal (see People v Montgomery, 24 N.Y.2d 130), a defendant whose conviction resulted from a plea of guilty must have disputed the validity of the judgment of conviction...

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