Opinion
Motion No: 106835
09-09-2014
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL L. O'NEILL, Appellant.
DECISION AND ORDER ON MOTION
Motion for writ of error coram nobis to vacate decision and order of this Court in People v O'Neill (116 AD3d 1240 [2014]).
Defendant contends on this motion that he was denied the effective assistance of appellate counsel upon appeal from his judgment of conviction (116 AD3d 1240 [2014]). More specifically, he argues that the Superior Court Information under which he was prosecuted was jurisdictionally defective in that it did not charge defendant with an offense charged in the felony complaint or a lesser included offense thereof. We agree that this issue may have merit and should have been raised on the appeal (see People v Pierce, 14 NY3d 564, 571 [2010]; People v Zanghi, 79 NY2d 815 [1991]; People v Tun Aung, 117 AD3d 1492 [2014]). Accordingly, the instant motion for coram nobis relief should be granted, so much of the order of this Court entered April 17, 2014 as affirmed the judgment of conviction vacated, and defendant's appeal from the judgment of conviction reinstated. Upon the reinstated appeal, defendant may raise only this issue.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, so much of the order of this Court entered April 17, 2014 as affirmed the judgment of conviction is vacated, and the appeal from the judgment of the County Court of Cortland County, rendered January 31, 2012, is reinstated.
Peters, P.J., Garry, Rose and Egan Jr., JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court