PEOPLE v. ROSARIO

Nos. 191, 192

26 N.Y.3d 597 (2015)

46 N.E.3d 1043

2015 NY Slip Op 09230

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUCIANO ROSARIO, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCOS LLIBRE, Appellant.

Court of Appeals of New York.

Decided December 16, 2015.


Attorney(s) appearing for the Case

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

Robert T. Johnson , District Attorney, Bronx ( David P. Johnson , Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for respondent in the first above-entitled action.

Robert S. Dean , Center for Appellate Litigation, New York City ( Robin Nichinsky of counsel), for appellant in the second above-entitled action.

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

Opinion by Judge PIGOTT. Judges ABDUS-SALAAM, STEIN and FAHEY concur. Chief Judge LIPPMAN concurs in a separate opinion in which Judge RIVERA concurs.


OPINION OF THE COURT

In People v Syville (15 N.Y.3d 391 [2010]), we held that a defendant who learns, after the expiration of the one-year grace period provided in CPL 460.30, that a notice of appeal was not timely filed on his behalf...

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