New York Court of Appeals
The People of the State of New York v. Samuel Montgomery
February 27, 196924 N.Y.2d 130
Summary
The New York Court of Appeals held that an indigent defendant must be informed of his fundamental right to appeal and, where counsel fails to do so, a hearing is required to determine whether the right was denied; the Court reversed the Appellate Division and remanded for such a hearing. Justice Breitel dissented, arguing the majority’s approach improperly expands appellate rights.