People v. Piela

The People appeal from an order of the City Court of the City of Rensselaer, Rensselaer County, denying People’s motion to vacate the sentence imposed on January 17,1973 and to reinstate the original sentence imposed on December 7, 1972.

Defendant was convicted on December 7, 1972 following a trial without a jury and on the same day sentenced to the Rensselaer County Jail for a period of three months.

Defendant was released in the custody of his attorney pending appeal.

The time to appeal expired on January 8, 1973, and no notice of appeal was filed on defendant’s behalf.

On January 17,1973, the…