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PEOPLE v. ARJUNE

No. 115.

30 N.Y.3d 347 (2017)

89 N.E.3d 1207

67 N.Y.S.3d 526

2017 NY Slip Op 08159

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARIO ARJUNE, Appellant.

Court of Appeals of New York.

Decided November 20, 2017.

Attorney(s) appearing for the Case

Lynn W.L. Fahey , Appellate Advocates, New York City ( Jenin Younes of counsel), for appellant.

Richard A. Brown , District Attorney, Kew Gardens ( William H. Branigan , John M. Castellano and Joseph N. Ferdenzi of counsel), for respondent.

Sidley Austin LLP, New York City ( Eamon P. Joyce , Ariel Atlas and Zachary Payne of counsel), Richard D. Willstatter , Amicus Curiae Committee National Association of Criminal Defense Lawyers and Amicus Curiae Committee New York State Association of Criminal Defense Lawyers, White Plains, and Robert S. Dean , Amicus Curiae Committee Chief Defenders Association of New York, New York City, for National Association of Criminal Defense Lawyers and others, amici curiae.

OPINION OF THE COURT

In People v Syville (15 N.Y.3d 391 [2010]), we held that, in rare circumstances, a defendant may seek coram nobis relief despite failing to move for an extension of time to file a notice of appeal within the one-year grace...

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