People v. Bachert

In People v. Bachert, 69 N.Y.2d 593 (1987), the Court of Appeals stated that claims of ineffective assistance by appellate counsel could not be heard by CPL 440.10 motions. The Court reiterated its rational from People v. Corso, that motions under CPL 440.10(1)(h) are limited to collateral attacks on a judgment itself and do not encompass any actions after rendition of the judgment. (Id. at 597.) Therefore, Bachert held that because a remedy must be made available to a defendant alleging ineffective assistance of appellate counsel, those claims are to be raised by the traditional writ of error coram nobis in the Appellate Division itself. Inasmuch as the Criminal Procedure Law fails to provide relief where a right to be heard must exist, the Court found the writ of error coram nobis is the appropriate remedy.