People v Mitchell, Barry
Motion No: 2006-01547
Slip Opinion No: 2010 NY Slip Op 62447(U)
Decided on January 29, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M97940

T/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2006-01547

The People, etc., respondent,

v Barry Mitchell, appellant.

(Ind. No. 3731/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue his application for 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 January 29, 2008 (People v Mitchell, 47 AD3d 951), affirming a judgment of the Supreme Court, Queens County, rendered January 31, 2005, which was determined by decision and order dated October 27, 2009.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., MASTRO, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court