Opinion
09-30-2016
The PEOPLE of the State of New York, Respondent, v. Randy HALL, Defendant–Appellant.
MEMORANDUM:
Defendant contends that he was denied effective assistance of appellate counsel because counsel failed to raise issues on direct appeal, specifically, whether the court placed on the record a reasonable basis for restraining defendant before the jury and whether the court complied with CPL 310.30 in regard to Court Exhibit # 11, a note from the jury during its deliberations. Upon our review of the motion papers, we conclude that these issues may have merit. Therefore, the order of February 1, 2008 is vacated and this Court will consider the appeal de novo (see People v. LeFrois, 151 A.D.2d 1046, 544 N.Y.S.2d 508 ). Defendant is directed to file and serve his records and briefs with this Court on or before December 29, 2016.
Motion for writ of error coram nobis granted.
CENTRA, J.P., CARNI, DeJOSEPH, CURRAN, and SCUDDER, JJ., concur.