Legal Opinion
People v. Rivera
New York Court of Appeals
Decided May 11, 1976PublishedCited by 84 opinions
1Opinion of the CourtFuchsberg, J.
The issue is whether an indigent defendant who, because he was originally not advised of his right to appeal, has been resentenced nunc pro tunc so as to recommence the running of his time to appeal, is entitled, under the special circumstances in this case, to a new trial where a transcript of the original trial minutes is unobtainable and no alternative sources for perfecting his appeal or for demonstrating appealable issues any longer exist.
In 1953, following a full trial, the defendant, Luis Rivera, then represented by court-appointed counsel, was convicted and sentenced for having sold a…
2Cases cited23 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Griffin v. IllinoisSupreme Court of the United States · 1956
- United States v. AugenblickSupreme Court of the United States · 1969
- Noseworthy v. City of New YorkNew York Court of Appeals · 1948
- Eskridge v. Washington State Board of Prison Terms & ParolesSupreme Court of the United States · 1958
18 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- People v. GlassNew York Court of Appeals · 1977
- People v. HarrisonNew York Court of Appeals · 1995
- People v. MealerNew York Court of Appeals · 1982
- People v. PattersonAppellate Division of the Supreme Court of the State of New York · 1984
- Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 1978
79 more not listed; retrieve them via the Exa API.