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People v. Miller

Appellate Division of the Supreme Court of the State of New York
Feb 1, 2019
2019 N.Y. Slip Op. 811 (N.Y. App. Div. 2019)

Opinion

MOTION NO. (55/07) KA 04-02539

02-01-2019

THE PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. KYLE E. MILLER, DEFENDANT-APPELLANT.


PRESENT: (Filed Feb. 1, 2019.)

MEMORANDUM AND ORDER

Motion for writ of error coram nobis granted. Memorandum: Defendant contends that he was denied effective assistance of appellate counsel because counsel failed to raise an issue on direct appeal, specifically, whether the adjudication under the Sex Offender Registration Act here was barred by res judicata. Upon our review of the motion papers, we conclude that counsel's representation was not constitutionally adequate. The order of February 2, 2007 is vacated and this Court will consider the appeal de novo (see People v LeFrois , 151 AD2d 1046 [4th Dept 1989]). Defendant is directed to file and serve his records and briefs with this Court on or before May 31, 2019.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of the State of New York
Feb 1, 2019
2019 N.Y. Slip Op. 811 (N.Y. App. Div. 2019)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. KYLE E…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Feb 1, 2019

Citations

2019 N.Y. Slip Op. 811 (N.Y. App. Div. 2019)