Opinion
03-24-2017
The PEOPLE of the State of New York, Respondent, v. Shondell J. PAUL, Defendant–Appellant.
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 A.D.2d 1046, 544 N.Y.S.2d 508 ). Defendant is directed to file and serve his records and briefs with this Court on or before July 24, 2017.
Motion for reargument granted and upon reargument, the order of this Court entered December 23, 2016 is vacated, and the motion of defendant for a writ of error coram nobis is granted.
WHALEN, P.J., SMITH, LINDLEY, TROUTMAN, and SCUDDER, JJ., concur.