| PEOPLE V RICHARD BONAPARTE |
| Motion No: KA 05-00365 |
| Slip Opinion No: 2007 NYSlipOp 81200(U) |
| Decided on October 17, 2007 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND LUNN, JJ.
KA 05-00365
Indictment No: 85-226-1
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RICHARD BONAPARTE, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis reversing the judgment of the Onondaga County Court entered in the Office of the Clerk of the County of Onondaga on October 23, 1985, and for other relief,
Now, upon reading and filing the affirmation of Mary P. Davison, dated September 14, 2007, the notice of motion with proof of service thereof, the opposing affirmation of James P. Maxwell, dated October 2, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is granted to the extent that the matter is remitted to Onondaga County Court for a hearing at which appellant will have the burden of establishing that the actions of appellate counsel so delayed the appeal that his due process rights were violated (see People v Cousart, 58 NY2d 62, 68-69; see also People v Bachert, 69 NY2d 593, 600).
Entered: October 17, 2007
JoAnn M. Wahl, Clerk