Legal Opinion

People v. Syville

New York Court of Appeals

Decided October 14, 2010PublishedCited by 243 opinions

1Opinion of the Court

OPINION OF THE COURT

Graffeo, J.

CPL 460.30 permits the Appellate Division to excuse a defendant’s failure to file a timely notice of appeal from a criminal conviction if the application is made within one year of the date the notice was due. In these cases, we are asked whether the co-ram nobis procedure is available to afford further relief to defendants who did not move within the one-year grace period because they were unaware during that year that their attorneys had not complied with their requests to file notices of appeal.

People v Nathaniel Syville

Nathaniel Syville was tried three times…

2Cases cited11 opinions

  1. Evitts v. LuceySupreme Court of the United States · 1985
  2. Roe v. Flores-OrtegaSupreme Court of the United States · 2000
  3. People v. BachertNew York Court of Appeals · 1987
  4. People v. MontgomeryNew York Court of Appeals · 1969
  5. People v. CorsoNew York Court of Appeals · 1976

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3Cited by243 opinions

  1. People v. TigerNew York Court of Appeals · 2018
  2. Roberites v. CollyCourt of Appeals for the Second Circuit · 2013
  3. People v. PerezNew York Court of Appeals · 2014
  4. People v. AndrewsNew York Court of Appeals · 2014
  5. People v. PecararoAppellate Division of the Supreme Court of the State of New York · 2011

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