Legal Opinion
In re Garcia
District Court, W.D. New York
Decided April 15, 1958No. Civ. A. No. 7806PublishedCited by 3 opinions
1Opinion of the Court
MORGAN, District Judge.
Filing in forma pauperis allowed.
Petitioner was convicted in Queens County Court on March 28, 1955, on a sixteen count indictment, including a charge of kidnapping, and given a sentence of twenty years to life. Petitioner appealed the conviction to the Appellate Division of the Supreme Court, where he sought leave to appeal as a poor person. Such leave was denied on September 19, 1955, but the time to appeal was extended in order to allow petitioner to perfect his appeal in the ordinary manner. Being an indigent prisoner, petitioner was unable to do this, and his appeal…
2Cases cited4 opinions
- Griffin v. IllinoisSupreme Court of the United States · 1956
- Brown v. AllenSupreme Court of the United States · 1953
- People ex rel. Garcia v. MartinAppellate Division of the Supreme Court of the State of New York · 1957
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1958
3Cited by3 opinions
- United States ex rel. Garcia v. MartinCourt of Appeals for the Second Circuit · 1959
- In re ReadDistrict Court, W.D. New York · 1958
- United States v. MartinCourt of Appeals for the Second Circuit · 1959