People v. Ramsey
| Citation | 242 N.E.2d 488,295 N.Y.S.2d 338,23 N.Y.2d 656 |
| Parties | , 242 N.E.2d 488 PEOPLE, etc., Respondent, v. Samuel RAMSEY, Appellant. |
| Decision Date | 13 November 1968 |
| Court | New York Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 28 A.D.2d 1101, 1210, 284 N.Y.S.2d 316, 1001.
Helaine Barnett and Anthony F. Marra, New York City, for appellant.
Frank S. Hogan, New York City (Michael R. Juviler, Lewis R. Friedman, New York City, of counsel), for respondent.
The petitioner was convicted, on his plea of guilty, of the crime of murder in second degree. He petitioned for a writ of error coram nobis.
The Supreme Court, New York County, Irwin D. Davidson, J., by an order entered October 29, 1965, denied the petition without a hearing, and by an order entered May 17, 1966 denied petition for writ of error coram nobis.
The Appellate Division on November 2, 1967 entered two orders which affirmed the orders denying coram nobis relief. The court held that where claim of petitioner on second motion for writ of error coram nobis that he wrote and reuqested his attorney to file notice of claim from judgment of conviction on his behalf was inconsistent with his claim on first motion for writ of error coram nobis that one of his attorneys first wrote to him and told him that notice would be filed, second motion was properly denied without a hearing, in absence of explanation for variant allegations and in absence of affidavit from counsel. The dissenting opinion said
An Associate Judge of the Court of Appeals permitted petitioner to take an appeal.
Orders reversed on the dissenting opinion at the Appellate Division and the matter remitted to Criminal Term for a hearing.
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People v. Montgomery
...follows that an indigent defendant cannot be deprived of this review simply because of his poverty. (See People v. Ramsey, 23 N.Y.2d 656, 295 N.Y.S.2d 338, 242 N.E.2d 488; People v. Ludwig, 16 N.Y.2d 1062, 266 N.Y.S.2d 134, 213 N.E.2d 463; People v. Hairston, 10 N.Y.2d 92, 217 N.Y.S.2d 77, ......
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People v. Callaway
...of his reasonable reliance on his assigned counsel to do so is entitled to relief by way of Coram nobis. (See People v. Ramsey, 23 N.Y.2d 656, 295 N.Y.S.2d 338, 242 N.E.2d 488, revg. 28 A.D.2d 1101, 284 N.Y.S.2d 316, see, also, People v. Montgomery, 24 N.Y.2d 130, 299 N.Y.S.2d 156, 247 N.E.......
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People v. Baran
...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. Montgom......
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People v. Griffin
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