People v. Morales
| Decision Date | 22 March 1983 |
| Citation | 461 N.Y.S.2d 1011,58 N.Y.2d 1008,448 N.E.2d 796 |
| Parties | , 448 N.E.2d 796 The PEOPLE of the State of New York, Respondent, v. Carlos MORALES, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 86 A.D.2d 990, 449 N.Y.S.2d 820, should be affirmed.
Because defendant failed to submit an affidavit from the attorney who represented him at plea and sentence or offer an explanation of his failure to do so, it cannot be said that as to defendant's failure to appeal the coram nobis Judge erred in denying the application without a hearing (People v. Scott, 10 N.Y.2d 380, 223 N.Y.S.2d 472, 179 N.E.2d 486). The other bases advanced for vacating the judgment clearly could have been raised on appeal, had one been taken (see CPL 440.10, subd. 2, par. [c] ).
Order affirmed in a memorandum.
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26 cases
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Jackson v. Conway
...explaining his defense of the case, the motion should be denied without a hearing. Id. at 2-3, ¶5 (citing, inter alia, People v. Morales, 58 N.Y.2d 1008, 1009 (N.Y. 1983)). Finally, the prosecution argued that, in any event, trial counsel's conduct, viewed either with respect to specific al......
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Jackson v. Conway
...of the case, the motion should be denied without a hearing. Id. at 2–3, ¶ 5 (citing, inter alia, People v. Morales, 58 N.Y.2d 1008, 1009, 461 N.Y.S.2d 1011, 448 N.E.2d 796 (N.Y.1983)). Finally, the prosecution argued that, in any event, trial counsel's conduct, viewed either with respect to......
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People v. Lewis
...consequences, he is unable to “substantiate all the essential facts” (see CPL § 440.30[4][b]; see People v. Morales, 58 N.Y.2d 1008, 461 N.Y.S.2d 1011, 448 N.E.2d 796 [1983], citing People v. Scott, 10 N.Y.2d 380, 223 N.Y.S.2d 472, 179 N.E.2d 486 [1961] [failure to supply attorney's affirma......
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People v. Santos
...561 N.Y.S.2d 244). The absence of an attorney's affidavit, however, by itself, is not dispositive ( see People v. Morales, 58 N.Y.2d 1008, 461 N.Y.S.2d 1011, 448 N.E.2d 796 [1983] ). In fact, an affidavit of counsel is not required where the defendant raises an ineffective assistance claim ......
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