People v. De Renzzio
| Decision Date | 07 May 1964 |
| Citation | 14 N.Y.2d 732,199 N.E.2d 172,250 N.Y.S.2d 76 |
| Parties | , 199 N.E.2d 172 The PEOPLE, etc., Respondent, v. George DE RENZZIO, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 19 A.D.2d 863, 243 N.Y.S.2d 409.
The defendant brought a coram nobis proceeding to vacate a judgment of the former Bronx County Court convicting the defendant of first degree murder with a recommendation of clemency because of the failure of the defendant's assigned counsel to perfect defendant's appeal despite an alleged promise to do so.
The Supreme Court, Special and Trial Term, Bronx County, Gerald P. Culkin, J., entered an order denying the application without a hearing, and the defendant appealed.
The Appellate Division affirmed the order.
The defendant appealed to the Court of Appeals by permission of an Associate Judge of the Court of Appeals, contending that defendant was entitled to a hearing on his allegations that assigned counsel abandoned defendant's appeal and that defendant received no notice of the motion to dismiss the appeal, and that defendant was entitled to a hearing on his allegation that he was forced to trial in a capital case without an adequate opportunity for counsel to prepare for trial, and that defendant was entitled to a hearing on his allegation that he was arraigned and entered his plea in a capital case without the assistance of counsel.
Warren M. Weitzman, New York City, for defendant-appellant.
Isidore Dollinger, New York City (Walter E. Dillon, New York City, of counsel), for respondent.
Order reversed and the case remitted to the Supreme Court, Bronx County, for a hearing (see People v. Adams, 12 N.Y.2d 417, 240 N.Y.S.2d 155, 190 N.E.2d 529).
All concur.
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...caused by counsel's deficient legal performance, as well as state action or lack thereof (see e.g. People v. De Renzzio , 14 N.Y.2d 732, 733, 250 N.Y.S.2d 76, 199 N.E.2d 172 [1964] [court-appointed lawyer failed to prosecute a first-tier appeal in a murder case]; Hairston , 10 N.Y.2d at 93,......
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People v. Bachert
...of error coram nobis lies where it was asserted that a court-appointed lawyer failed to prosecute an appeal (People v. De Renzzio, 14 N.Y.2d 732, 250 N.Y.S.2d 76, 199 N.E.2d 172; People v. Adams, 12 N.Y.2d 417, 240 N.Y.S.2d 155, 190 N.E.2d 529, supra ); that correction authorities interfere......
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...with the then prevailing practice, the denial of a much later motion to reinstate it was reversed here in 1964 (14 N.Y.2d 732, 250 N.Y.S.2d 76, 199 N.E.2d 172.). The appeal was heard in 1966 at the Appellate Division and the judgment of conviction affirmed on a carefully reasoned opinion (2......
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...neglect of counsel, ( People v. Montgomery, supra, 24 N.Y.2d at 132-133, 299 N.Y.S.2d 156, 247 N.E.2d 130, People v. DeRenzzio, 14 N.Y.2d 732, 733, 250 N.Y.S.2d 76, 199 N.E.2d 172, People v. Adams, 12 N.Y.2d 417, 420-421, 240 N.Y.S.2d 155, 190 N.E.2d 529, People v. Coe, 16 A.D.2d 876, 228 N......