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.