Opinion
2021-73100 Motion 196-17
10-01-2021
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WENDELL D. SMITH, DEFENDANT-APPELLANT. Indictment No. 2013-0981
Unpublished Opinion
MOTION DECISION
PRESENT: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND BANNISTER, JJ.
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered February 10, 2017, affirming a judgment of the Monroe County Court, rendered July 23, 2015,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is hereby ORDERED that the motion is granted.
MEMORANDUM:
The application is granted and the appeal is reinstated, with appellant granted leave to file and serve a brief on the issue of whether the court erred in denying defendant's motion to admit into evidence the statement of Rakuan Simpson as a declaration against penal interest (see People v DiPippo, 27 N.Y.3d 127, 136-137 [2016]), with appellant required to include such statement in the record.