General

The People of the State of New York, Respondent, v. James T. Carter, Appellant

33 A.D.2d 1103·New York Supreme Court, Appellate Division·1970·NY

Brief incoming

Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.

Opinion

The People of the State of New York, Respondent, v. James T. Carter, Appellant. [MAJORITY] Order unanimously reversed and matter remitted to Chautauqua County Supreme Court for a hearing in accordance with the following memorandum: Defendant is entitled to a hearing upon the controverted allegations of the petition to determine whether his failure to serve and file a notice of appeal was attributable to the failure of his assigned counsel to advise him of his right to appeal. (People v. Montgomery, 24 N Y 2d 130.) (Appeal from order of Supreme Court, Chautauqua County denying, without a hearing, motion to vacate judgment of conviction for kidnapping, rendered September 7, 1956.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Bastow and Henry, JJ.