Opinion
Motion No: M-2966A
02-16-2017
The People of the State of New York, Respondent, v. Jose Rodriguez, Defendant-Appellant.
An appeal having been taken from a judgment of the Supreme Court, New York County, rendered on or about April 21, 1982, pursuant to a Notice of Appeal filed on May 3, 1982, And an order of this Court having been entered on June 15, 1982 (M-2396), granting defendant-appellant poor person relief and, inter alia, and assigning the Legal Aid Society to prosecute said appeal, And an order of this Court having been entered on February 24, 1983 (M-6449) striking the designation of The Legal Aid Society as counsel to prosecute the appeal and substituting Thomas P. Burke, Esq., as such counsel, And defendant-appellant having moved, on or about April 25, 2014, in the nature of a writ of error coram nobis, for a review of his claim of ineffective assistance of appellate counsel with respect to counsel's failure to perfect said appeal on his behalf, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that, sua sponte, Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, New York 10005, Telephone No. (212) 577-2523, is assigned as counsel to defendant-appellant for the purposes of evaluating and prosecuting the within motion for a writ of error coram nobis. The order of this Court entered on November 13, 2014 (M-2966) is recalled and vacated.
ENTERED: February 21, 2017
_____________________ CLERK
PRESENT: Hon. Rolando T. Acosta, Justice Presiding, Rosalyn H. Richter Sallie Manzanet-Daniels Paul G. Feinman Judith J. Gische, Justices
M-2966A
Ind. No. 5427/81