PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND SCONIERS, JJ.

MOTION NO. 48-12 and 53/12
KA 08-00031
KA 08-00032

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JASON J. BROOKS, DEFENDANT-APPELLANT. (APPEAL NO. 1.) SCI No: 3098/03 THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JASON J. BROOKS, DEFENDANT-APPELLANT. (APPEAL NO. 2.) Indictment No: I607/06

Appellant having moved for a writ of error coram nobis vacating the orders of this Court entered January 31, 2012 affirming the judgments of Supreme Court, Monroe County rendered September 27, 2007,

Now, upon reading and filing the affidavit of Jason Brooks sworn to June 4, 2013, the notice of motion with proof of service thereof, the affirmation of Nicole M. Fantigrossi, Esq. dated July 12, 2013, 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, defendant was denied effective assistance of counsel because trial counsel failed to provide conflict-free representation. Upon our review of the motion papers, we conclude that the issue may have merit. Therefore, the orders of January 31, 2012 are vacated and this Court will consider the appeals 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 January 9, 2014.

Entered: September 27, 2013

Frances E. Cafarell, Clerk