People v. Grimes

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The Court of Appeals held that a defendant is not entitled to a writ of error coram nobis to bypass the limitation set by the legislature in N.Y. Crim. Proc. Law 460.30 in which to file a criminal leave application (CLA) seeking leave to appeal to this Court. This case followed the decision of In People v. Andrews, 23 N.Y.3d 605, 616 (2014), in which the Court of Appeals concluded that counsel’s failure to timely file a CLA to the Court of Appeals within the thirty-day statutory timeframe or move pursuant to CPL 460.30 within the one-year grace period for an extension to cure the error does not constitute ineffective assistance or deprive the defendant of due process. In this case, the Court of Appeals held that because there is no state constitutional right to legal representation on an application for leave to appeal to this Court, Defendant could not seek relief in coram nobis to negate the one-year time limitation on the remedy provided in CPL 460.30 for his attorney’s failure to file a timely CLA where there was no constitutional violation. View "People v. Grimes" on Justia Law