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PEOPLE v. ANDREWS

No. 93, No. 94, No. 120

23 N.Y.3d 605 (2014)

17 N.E.3d 491

993 N.Y.S.2d 236

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHURCHILL ANDREWS, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN KRUGER, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. VINOD PATEL, Respondent.

Court of Appeals of New York.

Decided June 12, 2014.

Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Lisa Napoli of counsel), for appellant in the first above-entitled action.

Kenneth P. Thompson , District Attorney, Brooklyn ( Joyce Slevin , Leonard Joblove and Solomon Neubort of counsel), for respondent in the first above-entitled action.

Ostrer & Hoovler, P.C., Chester ( Benjamin Ostrer and David A. Brodsky of counsel), for appellant in the second above-entitled action.

Francis D. Phillips, II , District Attorney, Middletown ( Andrew R. Kass of counsel), for respondent in the second above-entitled action.

Richard A. Brown , District Attorney, Kew Gardens ( John M. Castellano , Johnnette Traill and John F. McGoldrick of counsel), for appellant in the third above-entitled action.

Lynn W.L. Fahey , Appellate Advocates, New York City, for respondent in the third above-entitled action.

Chief Judge LIPPMAN and Judges READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur with Judge GRAFFEO; Judge RIVERA in a separate concurring opinion.

OPINION OF THE COURT

GRAFFEO, J.

In these three cases, we consider whether our decision in People v Syville (15 N.Y.3d 391 [2010]) entitled defendants to a common-law writ of error coram nobis in order to pursue untimely appeals.

The appellate process is a statutory creation in New York (see e.g. People v Romero, 7 N.Y.3d 633

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