Opinion
Motion No: M-5179
02-02-2017
The People of the State of New York, Respondent, v. Gonzalo Aguilar, Defendant-Appellant.
Defendant having filed a notice of appeal, on or about April 1, 2002, from the judgment of the Supreme Court, New York County, rendered on or about March 25, 2002, although said appeal was been perfected, And defendant-appellant having moved, in the nature of a writ of error coram nobis, for a review of his claim of ineffective assistance of counsel on the ground that counsel failed to advise him of his right to appeal, and for related relief (M-4901), And respondent People having cross-moved to dismiss said appeal (M-5179), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that defendant-appellant's application for a writ of error coram nobis is denied (M-4901). The People's cross motion is granted to the extent of assigning Seymour W. James, Jr., Esq., 199 Water Street, 5th Floor, New York, NY 10038, Telephone No. (212) 577-3688, as counsel for defendant for the purpose of addressing the People's arguments on the motion for dismissal of the appeal from the March 25, 2002 judgment, and is otherwise denied (M-5179).
ENTERED: February 2, 2017
_______________________ CLERK
PRESENT - Hon. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta, Dianne T. Renwick, Justices
M-5179
M-4901
Ind. No. 2694/00