Opinion
MOTION NO. 899-02 Indictment No: 00-0656-5
03-24-2017
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. TAJUAN PAUL, DEFENDANT-APPELLANT.
PRESENT:
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered October 1, 2002 modifying a judgment of Onondaga County Court, rendered May 15, 2001,
Now, upon reading and filing the affidavit of Tajuan Paul sworn to October 28, 2016, the affidavit of Robert P. Rickert, Esq. sworn to September 9, 2016, the notice of motion with proof of service thereof, the affirmation of James P. Maxwell, Esq. dated December 8, 2016, 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 Antommarchi waiver proffered by the attorney for defendant was valid. Upon our review of the motion papers, we conclude that the issue may have merit. The order of October 1, 2002 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 July 24, 2017.
Entered: March 24, 2017
Frances E. Cafarell, Clerk