People v. Jones, 800 N.E.2d 1105 (N.Y. 2003). · Go Syfert
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People v. Jones, 800 N.E.2d 1105 (N.Y. 2003). Cases Citing This Book View Copy Cite
2 citation events across 2 distinct courts.
Strongest positive: Williams v. McCarthy, 708 F. Supp. 3d 309 (W.D.N.Y. 2023)
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Cited for
100 N.Y.2d at 607 Opportunity to seek leave to appeal from denial of writ of error1 citing case
  • Williams v. McCarthy, 708 F. Supp. 3d 309 (W.D.N.Y. 2023).published
    Laws ch. 498 (amending § 450.90)), affords petitioners the opportunity to seek leave to appeal from the Appellate Division’s denial of a petition for writ of error coram nobis alleging wrongful deprivation of appellate counsel to the Court…
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Desmond Jones, Appellant
New York Court of Appeals.
Sep 18, 2003.
Published opinion
800 N.E.2d 1105
2003 N.Y. LEXIS 2421
APPEARANCES OF COUNSEL, Georgia J. Hinde, New York City, for appellant., Richard A. Brown, District Attorney, Kew Gardens (James A. Dolan of counsel), for respondent.
Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read Concur.
Cited by 2 opinions  |  Published

OPINION OF THE COURT

Memorandum.

The appeal should be dismissed. The amendment to CPL 450.90 (1) took effect on November 1, 2002 (L 2002, ch 498). It provided authority to grant leave to appeal from an order granting or denying a motion to set aside an order of an intermediate appellate court on the ground of ineffective assistance or wrongful deprivation of appellate counsel. The amendment should be accorded prospective application, and as such it authorizes motions for permission to appeal from only those Appellate Division orders made on or after the statute’s efifec[*608] tive date. Here, the Appellate Division order was made before the effective date of the statute. Accordingly, the defendant may not avail himself of the statute.

Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo and Read concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), appeal dismissed, in a memorandum.