ALBANY – Criminal defendants blocked from the Court of Appeals because their attorney failed to file a timely leave application cannot gain access to the high court through a writ of error coram nobis, the panel said on Thursday.
In its latest effort to explain the circumstances under which a convict can file a late notice of appeal, the Court of Appeals declined to extend a 2010 precedent (People v. Syville, 15 NY3d 391), which opened a narrow window of opportunity to defendants denied first-level appellate review. It distinguished between a lawyer’s failure to file an appeal as of right to the Appellate Division, and counsel’s failure to file a discretionary application for leave to the Court of Appeals.
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