Opinion
(1957-1958/00) KA 00-01563 00-01571
December 21, 2001.
PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE AND LAWTON, JJ.
Motion for writ of error coram nobis granted, and orders entered December 27, 2000, are hereby vacated.
Memorandum:
Defendant contends that he was denied effective assistance of appellate counsel because counsel submitted to the People a copy of the brief together with the proposed stipulation to the record, and then revised the brief based upon comments from the People. Upon our review of the record before us, we agree. Therefore, the orders of December 27, 2000, are vacated and this Court will consider the appeals de novo ( see, People v. LeFrois, 151 A.D.2d 1046; see also, People v. Vasquez, 70 N.Y.2d 1, 4, rearg denied 70 N.Y.2d 748). Defendant is directed to perfect the appeal on or before April 22, 2002.