Friday, October 15, 2010

Coram Nobis May Lie Even When CPL 460.30 Time Limits for Seeking Permission to File a Late Notice of Appeal Has Long Passed

In People v Syville (_NY3d_, 2010 NY Slip Op 07249 [10/14/10])the Court of Appeals held that "[w]here an attorney has failed to comply with a timely request for the filing of a notice of appeal and the defendant alleges that the omission could not reasonably have been discovered within the one-year period, the time limit imposed in CPL 460.30 should not categorically bar an appellate court from considering that defendant's application to pursue an untimely appeal." Instead, the Court held that the common-law writ of error coram nobis affords the appropriate avenue for relief for such a violation and such a writ may be sought and obtained, as in Mr. Syville's case, about a decade after the imposition of sentence.

No comments:

Post a Comment