People v. Hairston

In reversing the trial court’s denial of the defendant’s application for post-conviction relief, and in directing that a hearing be held, the Appellate Division left undecided the nature of the relief to be accorded the defendant if successful and, upon this appeal by the People, we direct ourselves to that question.

The defendant has alleged that he was wrongfully prevented by prison authorities from complying with the statutory requirements for the taking and perfecting of an appeal from a judgment of conviction. If his assertions are established, there can be no doubt, as the Appellate…