Legal Opinion

The People v. Luciano Rosario, The People v. Luciano Rosario

New York Court of Appeals

Decided December 16, 2015No. 191 and 192PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

In People v Syville (15 NY3d 391 [2010]), we held that a defendant who learns, after the expiration of the one-year grace period provided in CPL 460.30, that a notice of appeal was not timely filed on his behalf due to the ineffective assistance of his counsel may, under very limited circumstances, have recourse by way of a coram nobis application. Defendants in these appeals claim they are entitled to such relief. We disagree, and therefore affirm in both appeals.

People v Rosario

In 2008, Luciano Rosario was arrested and charged with various misdemeanor counts of…

2Cases cited3 opinions

  1. People v. SyvilleNew York Court of Appeals · 2010
  2. People v. ParrisNew York Court of Appeals · 2004
  3. People v. AndrewsNew York Court of Appeals · 2014

3Cited by9 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. People v. ArjuneCourt for the Trial of Impeachments and Correction of Errors · 2017
  4. People v. GrimesNew York Court of Appeals · 2018
  5. Neree v. CapraDistrict Court, E.D. New York · 2020

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