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PEOPLE v. LOCKWOOD

160 A.D.2d 639 (1990)

The People of the State of New York, Respondent, v. Maurice Lockwood, Appellant

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

April 26, 1990

In his CPL 440.10 motion defendant alleged that assigned counsel's failure to timely file a notice of appeal from the 1978 judgment of conviction deprived him of effective assistance of counsel. Accordingly, he sought, pursuant to People v Callaway (24 N.Y.2d 127), a hearing to determine the truthfulness of his allegation that counsel led him to believe that an appeal would be taken and that he reasonably relied upon that assurance...

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