Opinion
MOTION NO. 852-06 KA 03-00547 Indictment No: 2001-0430
09-29-2017
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTOINE PARRIS, ALSO KNOWN AS ANTOINE LENOIR PARRIS, DEFENDANT-APPELLANT.
PRESENT:
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered June 9, 2006 affirming a judgment of Supreme Court, Monroe County, rendered February 27, 2003,
Now, upon reading and filing the affidavit of Antoine Parris sworn to July 24, 2017, the notice of motion with proof of service thereof, the affirmation of Kelly Christine Wolford, Esq. dated August 18, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted.
Memorandum: Defendant contends that he was denied effective assistance of appellate counsel because counsel failed to raise an issue on direct appeal that would have resulted in reversal, specifically, in failing to argue that the evidence for his murder conviction was legally insufficient. Upon our review of the motion papers, we conclude that the issue may have merit. Therefore, the order of June 9, 2006 is vacated and this Court will consider the appeal de novo (see People v LeFrois, 151 AD2d 1046 [1989]). Defendant is directed to file and serve his records and briefs with this Court on or before December 28, 2017.
Entered: September 29, 2017
Mark W. Bennett, Clerk