People v. Churchill Andrews
AD2 order dated July 24, 2013, denying petition for a writ of error coram nobis based on trial counsel’s failure to file a notice of appeal. Decision below: 108 AD3d 729, 968 NYS2d 883. Rivera, J., granted leave November 6, 2013.
ISSUES PRESENTED: What constitutes ineffective assistance of counsel for failure to file a notice of appeal. More particularly: (1) is counsel ineffective for failing to file a timely notice of appeal when the defendant, not knowing he has the right to appeal or its benefits, has not affirmatively directed counsel to file such a notice; (2) how can a defendant demonstrate the requisite due diligence to ascertain whether counsel has failed to file a notice of appeal when the defendant has been affirmatively mislead regarding his right to do so; and (3) is it per se ineffectiveness to fail to adhere to a department’s rules regarding attorney conduct? (Assigned counsel: Lisa Napoli and Lynn W.L. Fahey, Appellate Advocates, 2 Rector Street, 10th Floor, NYC 10006.)
IAC for failing to file a notice of appeal