The following excerpt is from People v. Eastman, 228 N.Y.S.2d 156, 33 Misc.2d 583 (N.Y. Cty. Ct. 1962):
[33 Misc.2d 595] 'It would seem clear that a failure to appeal from a conviction does not always save it from collateral attack on a constitutional ground, or indeed on other ground where the court is convinced justice requires a remedy, though sought collaterally. In other words the Great Writ, and section 2255, are not to be imprisoned within an ironclad rule stated in terms of collateral relief not being a substitute for an appeal.'
See also Askins v. United States, 102 U.S.App.D.C. 198, 251 F.2d 909.
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