PRESENT: SCUDDER, P.J., CENTRA, PINE, AND GORSKI, JJ.

KA 00-00272
Indictment No: 149-99

MOTION NO. 247/02 PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FREDERICK E. WALKER, DEFENDANT-APPELLANT.

Appellant having moved for a writ of error coram nobis vacating the order of this Court entered March 15, 2002 affirming a judgment of Supreme Court entered in the Office of the Clerk of the County of Monroe on January 13, 2000,

Now, upon reading and filing the affidavit of Frederick Walker, sworn to February 6, 2008, the notice of motion with proof of service thereof, the answering affirmation of Patrick H. Fierro, dated February 29, 2008, the undated responding statement of Frederick Walker, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby 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, in failing to argue that he had been deprived of his right to be present at his Sandoval hearing. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order of March 15, 2002 is vacated and this Court will consider the appeal de novo (see People v LeFrois, 151 AD2d 1046). Defendant is directed to perfect his appeal on or before July 25, 2008.

Entered: April 25, 2008

JoAnn M. Wahl, Clerk