People v. Suborski (24 A.D.2d 527, 1965)

Decision of this court dated December 27, 1963 rescinded, and application for permission to proceed as a poor person and assignment of counsel denied on the ground that, notice of appeal not having been timely served or filed, no appeal is pending before this court. Defendant may raise the question whether he was prevented by prison authorities from filing a timely notice of appeal by application to the County Court for a writ of error cor am nobis. (See People v. Hairston, 10 N Y 2d 92.) Gibson, P. J., Herlihy, Reynolds, Aulisi and Hamm, JJ., concur.