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Legal Opinion

People v. Thomas

New York Court of Appeals

Decided April 26, 1979PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Fuchsberg, J.

In the rather unusual circumstances presented by this case, we hold that the People are estopped from asserting the one-year limit of CPL 460.30 to defeat defendant’s motion for an extension of time to appeal his criminal conviction.

After his conviction in Orleans County Court on the charge of possession of a forged instrument in the second degree, on April 18, 1975 James Thomas was sentenced to an indeterminate term of from three and a half to seven years. At that time the Presiding Judge informed the defendant of his right of appeal, specifically advising…

2Cases cited14 opinions

  1. Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
  2. People v. . FieldingNew York Court of Appeals · 1899
  3. People v. MontgomeryNew York Court of Appeals · 1969
  4. People v. RiveraNew York Court of Appeals · 1976
  5. La Porto v. Village of PhilmontNew York Court of Appeals · 1976

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3Cited by17 opinions

  1. People v. SyvilleNew York Court of Appeals · 2010
  2. People v. ShapiroNew York Court of Appeals · 1980
  3. Cappiello v. CappielloNew York Court of Appeals · 1985
  4. People v. SmithAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. AndrewsNew York Court of Appeals · 2014

12 more not listed; retrieve them via the Exa API.

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