Opinion
MOTION NO. 1331-11 KA 09-01810 Indictment No: I09-052
06-28-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. LEROY TUFF, JR., DEFENDANT-APPELLANT.
PRESENT: , J.P., PERADOTTO, LINDLEY, WHALEN, AND MARTOCHE, JJ.
Defendant having moved for a writ of error coram nobis vacating the order of this Court entered December 30, 2011 affirming a judgment of Oneida County Court, rendered August 7, 2009,
Now, upon reading and filing the affidavit of Leroy Tuff, Jr., sworn to May 13, 2013, the notice of motion with proof of service thereof, 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 that would have resulted in reversal, specifically, the jury's verdict was against the weight of the evidence. Upon our review of the motion papers, we conclude that the issue may have merit. Therefore, the order of December 30, 2011 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 September 26, 2013.
Frances E. Cafarell, Clerk