Appellate Division of the Supreme Court of New York, 1969

People ex rel. White v. Mancusi

People ex rel. White v. Mancusi
Appellate Division of the Supreme Court of New York · Decided May 8, 1969
32 A.D.2d 727; 301 N.Y.S.2d 742; 1969 N.Y. App. Div. LEXIS 4045
People ex rel. White v. Mancusi

Opinion of the Court

Judgment unanimously affirmed. Memorandum: Relator’s contention that his counsel agreed but failed to file a notice of appeal from his judgment of conviction may not be reviewed in this habeas corpus proceeding. The forum for such review is the court wherein defendant was convicted, and the procedure is by coram nobis (People v. Callaway, 24 N Y 2d 127; People v. Ramsey, 23 N Y 2d 656). (Appeal from judgment of Wyoming County Court, dismissing writ of habeas corpus.) Present—-Goldman, P. J., Del Vecchio, Witmer, Gabrielli and Bastow, JJ.

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