What is the test for failing to provide adequate notice of objection to a criminal conviction?

MultiRegion, United States of America

The following excerpt is from Ronson v. Commissioner of Correction of State of New York, 604 F.2d 176 (2nd Cir. 1979):

4 The state contends that this case should be governed by the standards of Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977), which held that failure to comply with state procedural rules for voicing objections barred collateral attack of a conviction absent "cause" for not following procedural requirements and "prejudice" resulting from the violation alleged. In light of our finding that there was substantial compliance with the notice requirements of the New York statute in this case, we need not consider the application of the "cause and prejudice" test to noncompliance.

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