Legal Opinion

People v. Andrews

New York Court of Appeals

Decided June 12, 2014PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

In these three cases, we consider whether our decision in People v Syville (15 NY3d 391 [2010]) entitled defendants to a common-law writ of error coram nobis in order to pursue untimely appeals.

I

The appellate process is a statutory creation in New York (see e.g. People v Romero, 7 NY3d 633, 636-637 [2006]; People v West, 100 NY2d 23, 26 [2003], cert denied 540 US 1019 [2003]). The review of a criminal conviction is authorized by article 450 of the Criminal Procedure Law. There is a right to a first-tier, direct appeal to an intermediate appellate court (see CPL…

2Cases cited25 opinions

  1. O'Sullivan v. BoerckelSupreme Court of the United States · 1999
  2. People v. RomeroNew York Court of Appeals · 2006
  3. Douglas v. CaliforniaSupreme Court of the United States · 1963
  4. Evitts v. LuceySupreme Court of the United States · 1985
  5. Roe v. Flores-OrtegaSupreme Court of the United States · 2000

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3Cited by17 opinions

  1. People v. AlvarezCourt for the Trial of Impeachments and Correction of Errors · 2019
  2. People v. TigerNew York Court of Appeals · 2018
  3. The People v. Luciano Rosario, The People v. Luciano RosarioNew York Court of Appeals · 2015
  4. People v. ArjuneCourt for the Trial of Impeachments and Correction of Errors · 2017
  5. People v. GrimesNew York Court of Appeals · 2018

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