New York Court of Appeals

The People of the State of New York v. Nathaniel Syville, Appellant the People of the State of New York v. Tony Council

October 14, 201015 N.Y.3d 391

Summary

The New York Court of Appeals held that defendants who missed the statutory 30‑day filing deadline for a notice of appeal because their trial counsel failed to file, and who discovered the error after the one‑year CPL 460.30 grace period, may obtain relief through a writ of error coram nobis. The Court reversed the Appellate Division orders denying such relief and remanded for the defendants to pursue their direct appeals.