People v. Kemp

The above-named defendant was convicted after trial in this court of robbery in the first degree and sentenced, on November 30, 1945, to an indeterminate term of not less than 20, nor more than 40 years. A notice of appeal was timely filed and served by the defendant’s retained counsel on December 20, 1945. On March 4, 1947 the pending appeal was dismissed by order of the Appellate Division, Fourth Department, for failure of the defendant to bring the matter on for argument, apparently without opposition by the defendant’s counsel.

It appears from the petition that the defendant was, and is,…