People v. Montgomery, 24 N.Y.2d 130 (1969)

An indigent criminal defendant has a right to be informed of their right to appeal, and failure to do so by counsel or the court warrants a hearing and possible resentencing to allow an appeal.

Summary

Montgomery, an indigent defendant convicted of second-degree murder, sought a writ of error coram nobis, alleging he was never informed of his right to appeal. The New York Court of Appeals held that every defendant has a fundamental right to appeal, and due process requires that indigent defendants not be deprived of this right due to ignorance or counsel’s failure. The court reversed the lower court’s denial of Montgomery’s application and ordered a hearing to determine if he was indeed unaware of his appeal rights, potentially leading to resentencing to allow a new appeal.

Facts

Samuel Montgomery, a 15-year-old, was involved in a street fight that resulted in the fatal stabbing of one of the other participants. He was indicted for second-degree murder along with two companions. Montgomery was allegedly the one who brandished the knife.

Procedural History

Montgomery and his companions were jointly tried, with court-appointed counsel representing each. Montgomery was convicted of second-degree murder and sentenced to 25 years to life. His co-defendant May’s conviction was modified on appeal to manslaughter. Montgomery did not file an appeal at the time. Years later, Montgomery applied for a writ of error coram nobis, arguing that he was not informed of his right to appeal due to indigency, ignorance, and infancy. The Supreme Court, Bronx County, denied the application without a hearing. The Appellate Division affirmed. The Court of Appeals granted leave to appeal.

Issue(s)

Whether the petitioner’s allegation that he was not informed of his right to appeal presents an issue of fact which requires a hearing to determine the veracity of the contention.

Holding

Yes, because basic fairness and due process require that an indigent defendant not be deprived of the right to appeal either because the defendant was unaware of its existence or counsel failed to abide by a promise to either file or prosecute an appeal.

Court’s Reasoning

The Court of Appeals reasoned that the right to appeal is a fundamental right. The court stated, “The time has come for us to announce clearly that every defendant has a fundamental right to appeal his conviction and that, accordingly, basic fairness and due process require that the right not be dissipated either because the defendant was unaware of its existence or counsel failed to abide by a promise to either file or prosecute an appeal.” Because the state provides an absolute right to seek review in criminal prosecutions, an indigent defendant cannot be deprived of this review simply because of their poverty. The court reasoned that since the State has the responsibility to provide legal advice to indigent defendants, the State cannot permit a critical time period to lapse without the defendant’s awareness. The court concluded that Montgomery should be afforded a hearing to determine whether he was informed of his right to appeal. If not, he was denied equal protection and should be resentenced so his time to appeal will run anew. The court noted, “An indigent defendant cannot lose his right to appeal simply because the courts have deputized a lawyer to fulfill the function and he has failed properly to carry out his duties.”