People v Rodney, David Lee
Motion No: 2006-05817
Slip Opinion No: 2006 NYSlipOp 77342(U)
Decided on October 5, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M45433

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT, JJ.

2006-05817

The People, etc., respondent,

v David Lee Rodney, appellant.

(Ind. No. 1868/79)

DECISION & ORDER ON APPLICATION

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 on motion of this court dated June 17, 1983, which dismissed, as abandoned, an appeal from a judgment of the Supreme Court, Kings County, rendered September 9, 1980, and to reinstate the appeal.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is denied.

PRUDENTI, P.J., FLORIO, MILLER and SCHMIDT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court