Opinion
1999-03959
Submitted March 20, 2001.
June 25, 2002.
On the court's own motion, it is
ORDERED that its decision and order dated April 29, 2002, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Ronald Stokes, Ossining, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), former appellate counsel.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, WILLIAM D. FRIEDMANN, JJ.
Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated April 9, 2001 (People v. Stokes, 282 A.D.2d 553), affirming a judgment of the Supreme Court, Kings County, rendered April 26, 1999.
ORDERED that the appellant is granted leave to serve and file a brief on the issue of whether he was deprived of his right pursuant to People v. Antommarchi ( 80 N.Y.2d 247) to be present at sidebar discussions with prospective jurors; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel:
Arza Rayches Feldman 300 Rabro Drive Hauppauge, N.Y., 11788
and it is further,
ORDERED that assigned counsel shall serve and file a brief expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,
ORDERED that the application is held in abeyance in the interim.
FEUERSTEIN, J.P., SMITH, KRAUSMAN and FRIEDMANN, JJ., concur.