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PEOPLE v. SYVILLE

Nos. 153, 154.

15 N.Y.3d 391 (2010)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHANIEL SYVILLE, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONY COUNCIL, Appellant.

Court of Appeals of New York.

Decided October 14, 2010.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City ( Abigail Everett and Robert S. Dean of counsel), for appellant in the first above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Alan Gadlin and Patrick J. Hynes of counsel), for respondent in the first above-entitled action.

Law Offices of Joel B. Rudin, New York City ( Benjamin C. Fishman and Joel B. Rudin of counsel), for appellant in the second above-entitled action.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Alan Gadlin and Patrick J. Hynes of counsel), for respondent in the second above-entitled action.

Chief Judge LIPPMAN and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

CPL 460.30 permits the Appellate Division to excuse a defendant's failure to file a timely notice of appeal from a criminal conviction if the application is made within one year of the date the notice was due. In these cases, we are asked whether the coram nobis procedure is available to afford further relief to defendants who did not move within the one-year grace period...

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