THE PEOPLE V KEITH LYMAN, ALSO KNOWN AS KEITH J. LYMAN, ALSO KNOWN AS KEITH JOSEPH LYMAN
Motion No: 700-14
Slip Opinion No: 2014 NY Slip Op 85176(U)
Decided on September 26, 2014
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.


September 26, 2014

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND WHALEN, JJ.

MOTION NO. 700-14
KA 12-01328
Indictment No: 2010-IDV-10

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

KEITH LYMAN, ALSO KNOWN AS KEITH J. LYMAN, ALSO KNOWN AS

KEITH JOSEPH LYMAN, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered June 13, 2014, affirming a judgment of Supreme Court, Genesee County, rendered January 12, 2011, and for other relief,

Now, upon reading and filing the affirmation of Alan Williams, Esq. dated July 31, 2014, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks error coram nobis relief is granted, and,

It is further ORDERED that the motion insofar as it seeks poor person relief and assignment of counsel is denied with the leave to renew upon the filing and serving of a motion seeking poor person relief and assignment of counsel upon the necessary parties (see 22 NYCRR 1000.14).

Memorandum: The order of June 13, 2014 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 January 7, 2015.

Entered: September 26, 2014

Frances E. Cafarell, Clerk