Opinion
MOTION NO. 412-11 KA 06-01424 Indictment No: 2005-0717A
08-23-2017
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANTHONY N. OTT, DEFENDANT-APPELLANT.
PRESENT:
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered April 29, 2011 modifying a judgment of Monroe County Court, rendered April 5, 2006,
Now, upon reading and filing the affirmation of Thomas P. Theophilos, Esq. dated April 20, 2017, the notice of motion with proof of service thereof, the affirmation of Kelly Christine Wolford, Esq. dated June 9, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is 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 court erred when it failed to comply with CPL 310.30 in its handling of jury notes. Upon our review of the motion papers, we conclude that the issue may have merit. The order of April 29, 2011 is vacated and this Court will consider the appeal de novo (see People v LeFrois, 151 AD2d 1046). Defendant is directed to file and serve his records and briefs with this Court on or before December 28, 2017.
Entered: August 23, 2017
Frances E. Cafarell, Clerk