People v Desmarat, Jean Marc
Motion No: 2003-10531
Slip Opinion No: 2013 NY Slip Op 69681(U)
Decided on April 5, 2013
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

M154163

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON, JJ.

2003-10531

The People, etc., respondent,

v Jean Marc DeSmarat, appellant.

(Ind. No. 4409/02)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to renew and reargue his prior 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 March 27, 2007 (People v Desmarat, 38 AD3d 913), affirming a judgment of the Supreme Court, Kings County, rendered November 7, 2003, which was determined by decision and order of this Court dated September 21, 2010.

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.

ENG, P.J., MASTRO, RIVERA and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court