| People v Borrell, Julio, a/k/a Borrell, Julio Cesar |
| Motion No: 1998-05880 |
| Slip Opinion No: 2010 NY Slip Op 61969(U) |
| Decided on January 27, 2010 |
| 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. |
Appellate Division: Second Judicial Department
M97855
S/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
HOWARD MILLER, JJ.
|
1998-05880, 1998-11393 The People, etc., respondent, v Julio Borrell, a/k/a Julio Cesar Borrell, appellant. (Ind. Nos. 3794/94, 4841/94)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated November 27, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant for the assignment of counsel to seek a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated June 21, 2004 (People v Borrell, 8 AD3d 583), affirming two judgments of the Supreme Court, Queens County, rendered June 11, 1998, under Indictment No. 3794/94, and December 10, 1998, under Indictment No. 4841/94, respectively.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied.
PRUDENTI, P.J., MASTRO, RIVERA and MILLER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court