| THE PEOPLE V KHARYE JARVIS Indictment No: 781/91 |
| Motion No: 0175-94 |
| Slip Opinion No: 2012 NY Slip Op 86952(U) |
| Decided on September 28, 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, CARNI, LINDLEY, AND SCONIERS, JJ.
MOTION NO. 0175-94
KA 10-01955
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V KHARYE JARVIS, DEFENDANT-APPELLANT. Indictment No: 781/91 |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered March 11, 1994 affirming a judgment of Monroe County Court, rendered October 28, 1992,
Now, upon reading and filing the affidavit of Kharye Jarvis sworn to July 20, 2012, the notice of motion with proof of service thereof, the affirmation of Geoffrey Kaeuper, Esq. dated August 9, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion 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 ineffective assistance of trial counsel. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order of March 11, 1994 is vacated and this Court will consider the appeal de novo (see People v LeFrois, 151 AD2d 1046 [1989]). Defendant is directed to file and serve his records and briefs with this Court on or before December 28, 2012.
Entered: September 28, 2012
Frances E. Cafarell, Clerk