| THE PEOPLE V DAVID C. WILLIAMS |
| Motion No: 1203-08 |
| Slip Opinion No: 2010 NY Slip Op 66678(U) |
| Decided on March 19, 2010 |
| 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: CENTRA, J.P., PERADOTTO, GREEN, AND GORSKI, JJ.
MOTION NO. 1203-08
KA 07-02291
Indictment No: 2004-966
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAVID C.
WILLIAMS, DEFENDANT-APPELLANT. |
Respondent having moved for reargument of the order of this Court entered December 30, 2009, and for other relief,
Now, upon reading and filing the affirmation of Geoffrey Kaeuper dated January 19, 2010, the notice of motion with proof of service thereof, the opposing affidavit of Brian Shiffrin sworn to January 20, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for reargument be and the same hereby is granted, and upon reargument, the order of this Court entered December 30, 2009 is vacated, and the motion of defendant for a writ of error coram nobis is denied, and the motion is otherwise denied.
MEMORANDUM: Defendant has failed to establish that the representation provided by appellate counsel was constitutionally deficient. Defendant has not demonstrated that appellate counsel overlooked a clear-cut dispositive issue or the absence of any strategic or other legitimate explanation for the decision of appellate counsel not to raise the issues raised by defendant in his motion papers (see People v Borrell, 12 NY3d 365).
Entered: March 19, 2010
Patricia L. Morgan, Clerk