[DOWNLOAD] "People State New York v. Bernard Ali" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Bernard Ali
- Author : Supreme Court of New York
- Release Date : January 06, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
[35 A.D.2d 435 Page 436] The Ali Case The defendant appeals from an order of the County Court of Schenectady County, which denied without a hearing
a coram nobis application to vacate a judgment of conviction rendered upon a plea of guilty. In his application defendant
contended that he had been unlawfully deprived of his right to appeal from the judgment by reason of his assigned counsel's
failure to advise him of such right. In rejecting this contention, the County Court found that because of previous convictions,
defendant was aware of and could have protected his rights by filing a notice of appeal had he so desired. On appeal, defendant
argues that a defendant's awareness of the right of appeal does not lessen counsel's duty to advise a defendant of that right,
or the duty to assist him in taking an appeal upon request. Defendant also contends that he is entitled to a hearing to determine
whether his assigned counsel did in fact give him the requisite advice.