People v. Bachert
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
The parties concede the necessity to find a procedure and a forum in which to address claims of ineffective assistance of counsel allegedly occurring in the intermediate appellate court. We hold that, inasmuch as the Criminal Procedure Law failed to anticipate and to provide for this particular situation, the remedy lies in the intermediate appellate court itself by the invocation and determination there of the traditional writ of error coram nobis.
*595A synopsis of the procedural context of the case before us begins with the entry of a judgment on October 29,…
2Cases cited25 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- People v. GonzalezNew York Court of Appeals · 1979
- Douglas v. CaliforniaSupreme Court of the United States · 1963
- Evitts v. LuceySupreme Court of the United States · 1985
- Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
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3Cited by168 opinions
- People v. StultzNew York Court of Appeals · 2004
- Angel Sellan v. Robert KuhlmanCourt of Appeals for the Second Circuit · 2001
- Aparicio v. ArtuzCourt of Appeals for the Second Circuit · 2001
- People v. SyvilleNew York Court of Appeals · 2010
- Aparicio v. ArtuzCourt of Appeals for the Second Circuit · 2001
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