In Rodriguez v. People of the State of New York, (SDNY, July 11, 2000), a New York State defendant once again claimed his attorney had promised to file a notice of appeal but had failed to do so. Defendant's CPL 460.30 motion, filed in the First Department, was denied as untimely. His motion for reargument, seeking to file a late notice of appeal due to his assigned counsel's failure to comply with his request to file a notice of appeal, was denied without opinion. The Second Circuit, interpreting People v. Bachert, held that before the defendant could raise his claim in federal habeas corpus he must first file a writ of error coram nobis in the Appellate Division, First Department. Rodriguez opined that this was defendant's proper remedy and that no time limits exist on defendant's right to raise this claim by writ of error coram nobis in the Appellate Division.