People v. Epakchi

Full title: The People of the State of New York, Respondent, v. Daria N. Epakchi…

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Aug 10, 2018

2018 N.Y. Slip Op. 80882 (N.Y. App. Term 2018)

Opinion

Motion No: 2014-01047 SCR

08-10-2018

The People of the State of New York, Respondent, v. Daria N. Epakchi, Appellant.

ANTHONY MARANO, P.J.

BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Appeal from a judgment of conviction of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, rendered April 17, 2014. The appeal from the judgment of conviction brought up for review an order of that court dated March 27, 2014 denying appellant's motion to dismiss the simplified traffic information. By decision and order dated June 23, 2016, this court reversed the judgment of conviction, vacated the order denying appellant's motion to dismiss the simplified traffic information and granted appellant's motion to dismiss the accusatory instrument (People v Epakchi, 52 Misc 3d 134[A], 2016 NY Slip Op 51020[U]). By order dated May 1, 2018, the Court of Appeals reversed this court's decision and order and remitted the matter for further proceedings on the ground that the appeal was not properly taken in that no affidavit of errors had been filed. By order to show cause dated May 18, 2018, appellant was directed either to show cause before this court why the appeal should not be dismissed on the ground that the appeal was not properly taken in that no affidavit of errors was filed, or, if so advised, to move in this court for a writ of error coram nobis for an extension of time to file an affidavit of errors. Appellant now moves for such a writ and for the issuance of a decision and order adhering to this court's determination in the decision and order dated June 23, 2016.

Upon the order to show cause, and upon the papers filed in support of appellant's motion and the papers filed in partial opposition thereto, it is

ORDERED that the branch of appellant's motion seeking a writ of error coram nobis for an extension of time to file an affidavit of errors is granted and appellant's time to file an affidavit of errors is extended 30 days from the date of this decision and order on motion (see People v Smith, 2016 NY Slip Op 83072[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2016]); and it is further,

ORDERED that the remainder of appellant's motion is denied.

ENTER:

Paul Kenny

Chief Clerk