Opinion
Motion No. 1996-04955 Ind. No. 12926/1995
03-20-2023
Unpublished Opinion
MOTION DECISION
M287946
VALERIE BRATHWAITE NELSON, J.P. LARA J. GENOVESI BARRY E. WARHIT LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Kings County, rendered May 23, 1996, which was determined by decision and order of this Court dated June 15, 1998. Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, the decision and order of this Court.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appellant is granted leave to serve and file a brief on the issues of whether the sentencing court penalized him for exercising his right to a jury trial and whether trial counsel was ineffective in failing to set forth this issue on the record at the time of sentencing; and it is further, ORDERED that pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the application:
Patricia Pazner
Appellate Advocates
111 John Street - 9th Floor
New York, New York 10038
and it is further, ORDERED that assigned counsel shall serve and file the above-referenced brief on or before May 19, 2023; and it is further, ORDERED that the application is held in abeyance in the interim.
BRATHWAITE NELSON, J.P., GENOVESI, WARHIT and WAN, JJ., concur.