Opinion
Motion No. 2023-02778 Ind. No. 493/17Case No. 2022-02405
12-19-2023
The People of the State of New York, Respondent, v. James Park, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present: Hon. Cynthia S. Kern, Justice Presiding, Ellen Gesmer Saliann Scarpulla Julio Rodriguez III, Justices.
A decision and order of this Court having been entered on October 20, 2022 (Appeal No. 16510), unanimously affirming a judgment of the Supreme Court, New York County (Melissa C. Jackson, J.), rendered on or about June 3, 2022, And defendant-appellant having moved, in the nature of a writ of error coram nobis, to vacate the aforesaid decision and order of this Court on the basis 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 the application is granted to the extent of directing a de novo appeal on the constitutional speedy trial issue, to be perfected by defendant-appellant for the April 2024 Term of this Court.