People v. Jones

Citation100 N.Y.2d 606,768 N.Y.S.2d 738,800 N.E.2d 1105
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DESMOND JONES, Appellant.
Decision Date18 September 2003
CourtNew York Court of Appeals Court of Appeals

Georgia J. Hinde, New York City, for appellant.

Richard A. Brown, District Attorney, Kew Gardens (James A. Dolan of counsel), for respondent.

Before: Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur.

OPINION OF THE COURT MEMORANDUM.

The appeal should be dismissed. The amendment to CPL 450.90 (1) took effect on November 1, 2002 (L 2002, ch 498). It provided authority to grant leave to appeal from an order granting or denying a motion to set aside an order of an intermediate appellate court on the ground of ineffective assistance or wrongful deprivation of appellate counsel. The amendment should be accorded prospective application, and as such it authorizes motions for permission to appeal from only those Appellate Division orders made on or after the statute's effective date. Here, the Appellate Division order was made before the effective date of the statute. Accordingly, the defendant may not avail himself of the statute.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal dismissed, in a memorandum.

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1 cases
  • Williams v. McCarthy
    • United States
    • U.S. District Court — Western District of New York
    • December 28, 2023
    ...for writ of error coram nobis alleging wrongful deprivation of appellate counsel to the Court of Appeals.” (citing People v. Jones, 100 N.Y.2d 606, 607 (2003)). As Petitioner argues in his reply, Hizbullahankhamon is no longer good authority for the proposition cited by Respondent. (Dkt. 7 ......

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