People v Rodney, David Lee
Motion No: 2006-05817
Slip Opinion No: 2007 NYSlipOp 63519(U)
Decided on February 20, 2007
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

M50886

E/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

ANITA R. FLORIO, JJ.

2006-05817

The People, etc., respondent,

v David Lee Rodney, appellant.

(Ind. No. 1868/79)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue his 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. The writ was determined by decision and order on application of this court dated October 5, 2006.

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

ORDERED that the motion is denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court