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PEOPLE v. THOMAS

47 N.Y.2d 37 (1979)

The People of the State of New York, Respondent, v. James Thomas, Appellant.

Court of Appeals of the State of New York.

Decided April 26, 1979.

Attorney(s) appearing for the Case

Arthur J. Giacalone for appellant.

Curtis L. Lyman, District Attorney, for respondent.

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Frederick R. Walsh of counsel), amicus curiae.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER concur with Judge FUCHSBERG.

FUCHSBERG, J.

In the rather unusual circumstances presented by this case, we hold that the People are estopped from asserting the one-year limit of CPL 460.30 to defeat defendant's motion for an extension of time to appeal his criminal conviction.

After his conviction in Orleans County Court on the charge of possession of a forged instrument in the second degree, on April 18, 1975 James Thomas was sentenced...

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