| THE PEOPLE V TAYE BROWN |
| Motion No: KA 10-01556 |
| Slip Opinion No: 2012 NY Slip Op 82246(U) |
| Decided on August 16, 2012 |
| 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., PERADOTTO, LINDLEY, AND SCONIERS, JJ.
KA 10-01556
Indictment No: 2008-0802
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V TAYE BROWN, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis reinstating the appeal from the judgment of Monroe County Court, rendered March 11, 2009, and for other relief,
Now, upon reading and filing the statement of Taye Brown dated June 19, 2012, the notice of motion with proof of service thereof, the affirmation of Nicole M. Fantigrossi, Esq. dated July 19, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for error coram nobis relief is granted to the extent that the dismissal of the appeal is vacated, and the appeal is reinstated, and
It is further ORDERED that the motion insofar as it seeks poor person relief and assignment of counsel is denied with the leave to renew upon the filing and service of a new motion with an affidavit setting forth sufficient facts so that the merit of the contentions can be ascertained (see CPLR 1101 [a]; 22 NYCRR 1000.14 [a]).
Entered: August 16, 2012
Frances E. Cafarell, Clerk