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People v. Mailey

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 8, 1998
252 A.D.2d 995 (N.Y. App. Div. 1998)

Opinion

July 8, 1998

Present — Lawton, J. P., Hayes, Boehm and Fallon, JJ.


Motion for reargument granted and, upon reargument, motion for writ of error coram nobis granted and order entered April 17, 1998 and order entered and decision filed November 19, 1997 vacated. Memorandum: Defendant contends that he was denied effective assistance of appellate counsel because counsel failed to raise an issue on direct appeal that would have resulted in reversal, specifically, whether defendant was entitled to a second examination pursuant to CPL 730.20 (1). Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order entered April 17, 1998 and the order entered and decision filed November 19, 1997 are vacated, and this Court will consider the appeal de novo ( see, People v. Vasquez, 70 N.Y.2d 1, rearg denied 70 N.Y.2d 748; People v. LeFrois, 151 A.D.2d 1046). Defendant is directed to file and serve his brief on or before October 5, 1998.


Summaries of

People v. Mailey

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 8, 1998
252 A.D.2d 995 (N.Y. App. Div. 1998)
Case details for

People v. Mailey

Case Details

Full title:PEOPLE, Respondent, v. DAVID M. MAILEY, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 8, 1998

Citations

252 A.D.2d 995 (N.Y. App. Div. 1998)
675 N.Y.S.2d 925

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