People v. Marchese
| Decision Date | 30 April 1964 |
| Citation | 14 N.Y.2d 695,249 N.Y.S.2d 888 |
| Parties | , 198 N.E.2d 916 The PEOPLE, etc., Respondent, v. Joseph MARCHESE, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Second Department, 19 A.D.2d 728, 242 N.Y.S.2 464.
Defendant, who had been convicted of burglary in the third degree and grand larceny in the second degree, brought a coram nobis proceeding.
The Supreme Court, Kings County, John R. Starkey, J., entered an order adverse to the defendant, and he appealed.
The Appellate Division affirmed the order and held that defendant was not entitled to have judgment vacated on ground that his retained counsel failed to carry out an agreement to appeal, where notice of appeal was not timely filed, and failure to file timely notice of appeal was attributable to defendant's retained counsel and not to law enforcement agencies of the State.
The defendant appealed to the Court of Appeals.
Edward S. Silver, Brooklyn (William I. Siegel, Brooklyn, of counsel), for respondent.
Order affirmed.
All concur except Desmond, C. J., and Fuld and Bergan, JJ., who dissent and vote to reverse and to order a hearing.
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