Summary
In People v. Rodriquez (286 A.D.2d 1003), we granted defendant's motion for a writ of error coram nobis and vacated the order affirming a judgment convicting him after a jury trial of conspiracy in the second degree (Penal Law § 105.15), criminal possession of a controlled substance in the first degree (§ 220.21 [former (1)]), and criminal possession of a controlled substance in the third degree (§ 220.16 [1]; see People v. Rodriquez, 247 A.D.2d 841, lv denied 91 N.Y.2d 977).
Summary of this case from People v. RodriquezOpinion
(1672/97)
September 28, 2001.
PRESENT: GREEN, J.P., PINE, WISNER, HURLBUTT AND KEHOE, JJ.
Motion for writ of error coram nobis granted, and the order entered February 4, 1998 is hereby vacated.
Memorandum:
Defendant contends that he was denied effective assistance of appellate counsel because counsel failed to raise an issue on direct appeal that would have resulted in reversal, specifically, whether his challenge for cause regarding a prospective juror was erroneously denied. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order of February 4, 1998 is vacated and this Court will consider the appeal de novo ( see, People v. Vasquez, 70 N.Y.2d 1, rearg denied 70 N.Y.2d 748; People v. LeFrois, 151 A.D.2d 1046). Defendant is directed to file and serve his records and briefs with this Court on or before December 21, 2001.