Opinion
Motion No: M-5290
03-02-2017
The People of the State of New York, Respondent, v. Gaetano D'Attore, Defendant-Appellant.
An appeal having been taken from the judgment of the Supreme Court, Bronx County (Mullen, J.), rendered on or about July 1, 2010 and from a judgment of resentence, rendered on or about February 28, 2011, And, defendant-appellant having moved, in the nature of a writ of error coram nobis, for a review of his claim of ineffective assistance of appellate counsel, and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that said application is denied, as premature, inasmuch as the perfected appeal is presently calendared for the March 2017 Term.
ENTERED: March 2, 2017
_______________________ CLERK
PRESENT - Hon. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta, Justices
M-5290
Ind. No. 593/09