Opinion
KA 20-00872 Indictment No: 2018-0226
12-04-2020
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CURTIS P. HOWDEN, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved for a writ of error coram nobis seeking leave to file and serve a late notice of appeal from a judgment of Monroe County Court, rendered November 14, 2018,
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: Defendant's counsel filed and served defendant's notice of appeal within the 30-day period, but erroneously filed the notice in the court clerk's office, whereupon it was forwarded to the county clerk's office after the 30-day period in which to appeal had expired. Over a year thereafter, defendant discovered that his notice of appeal was untimely filed when he moved this Court for assignment of counsel and poor person relief. Under these unique circumstances, we conclude that this is a "rare case" in which coram nobis relief is warranted (People v Andrews, 23 NY3d 605, 611 [2014]).
Entered: December 4, 2020
Mark W. Bennett
Clerk of the Court