PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND LINDLEY, JJ.

MOTION NO. 1006-08
KA 07-00713
Indictment No: 2005-1380

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JARVIS LASSALLE, DEFENDANT-APPELLANT.

Appellant having moved for a writ of error coram nobis vacating the order of this Court entered October 3, 2008, affirming a judgment of Erie County Court, rendered February 26, 2007,

Now, upon reading and filing the affidavit of Jarvis Lassalle sworn to December 5, 2013, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, Esq. sworn to December 20, 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, County Court erred in failing to advise defendant prior to the entry of his plea that his sentence would include a period of postrelease supervision. Upon our review of the motion papers, we conclude that the issue may have merit. Therefore, the order of October 3, 2008 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 May 23, 2014.

Entered: February 7, 2014

Frances E. Cafarell, Clerk