People v. Baran

• Decision Date: 10 April 1969
• Citation: 300 N.Y.S.2d 843,24 N.Y.2d 827
• Parties: , 248 N.E.2d 594 PEOPLE, etc., Respondent v. Chester E. BARAN, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 843

300 N.Y.S.2d 843

24 N.Y.2d 827, 248 N.E.2d 594

PEOPLE, etc., Respondent v. Chester E. BARAN, Appellant.

Court of Appeals of New York.

April 10, 1969.

Appeal from Supreme Court, Appellate Division, Fourth Department, 30 A.D.2d 643, 291 N.Y.S.2d 781.

Bruce K. Carpenter, Buffalo, for appellant.

Michael F. Dillon, Buffalo (Herbert J. Herman, Buffalo, of counsel), for respondent.

The defendant was convicted of burglary in the third degree and grand larceny in the first degree. He applied for coram nobis relief.

The Erie County Court, Jacob A. Latona, J., denied the application without a hearing, and the defendant appealed.

The Appellate Division affirmed, and defendant appealed by permission of an Associate Judge of the Court of Appeals. The defendant posed the question 'Did the failure of retained counsel to take an appeal for the appellant from a judgment of conviction, after having promised to do so, entitle the appellant to coram nobis relief?'

Order reversed and the case remitted to Erie County Court for a hearing (See People v. Ramsey, 23 N.Y.2d 656, 295 N.Y.S.2d 338, 242 N.E.2d 488; People v. Callaway, 24 N.Y.2d 127, 299 N.Y.S.2d 154, 247 N.E.2d 128, decided February 27, 1969; People v. Montgomery, 24 N.Y.2d 130, 299 N.Y.S.2d 156, 247 N.E.2d 130, decided February 27, 1969).

All concur.