| THE PEOPLE V LEROY TUFF, JR. |
| Motion No: 1331-11 |
| Slip Opinion No: 2013 NY Slip Op 79259(U) |
| Decided on June 28, 2013 |
| 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: SMITH, J.P., PERADOTTO, LINDLEY, WHALEN, AND MARTOCHE, JJ.
MOTION NO. 1331-11
KA 09-01810
Indictment No: I09-052
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V LEROY TUFF, JR., DEFENDANT-APPELLANT. |
Defendant having moved for a writ of error coram nobis vacating the order of this Court entered December 30, 2011 affirming a judgment of Oneida County Court, rendered August 7, 2009,
Now, upon reading and filing the affidavit of Leroy Tuff, Jr., sworn to May 13, 2013, the notice of motion with proof of service thereof, 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, the jury's verdict was against the weight of the evidence. Upon our review of the motion papers, we conclude that the issue may have merit. Therefore, the order of December 30, 2011 is vacated and this Court will consider the appeal de novo (see People v LeFrois, 151 AD2d 1046). Defendant is directed to file and serve his records and briefs with this Court on or before September 26, 2013.
Entered: June 28, 2013
Frances E. Cafarell, Clerk