People v Hicks, Gregory D.
Motion No: 2013-08273
Slip Opinion No: 2013 NY Slip Op 93148(U)
Decided on December 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

M166117

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-08273

The People, etc., respondent,

v Gregory D. Hicks, appellant.

(Ind. No. 10-01543)

DECISION & ORDER ON MOTION

Motion by the Gregory D. Hicks pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Westchester County, rendered June 8, 2012, and for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied without prejudice to making an application for a writ of error coram nobis on the ground that his trial counsel was ineffective for failing to file a timely notice of appeal from the judgment rendered June 8, 2012.

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court