People v. Callaway

Chief Judge Fuld.

The sole question presented is whether a defendant is entitled to a coram nobis hearing when his petition alleges, in effect, that he was prevented from exercising his right to appeal from the judgment of conviction by an assurance from the lawyer, who had been assigned to represent him upon a trial, that an appeal would be taken on his behalf.

The defendant was convicted in June of 1964 of the crime of manslaughter and sentenced to prison for an indeterminate term of from 5 to 10 years. No notice of appeal was ever filed. However, three years later, in July, 1967, the…