| THE PEOPLE V JOSE A. GOMEZ |
| Motion No: 286-07 |
| Slip Opinion No: 2014 NY Slip Op 90325(U) |
| Decided on November 14, 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. |
PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND LINDLEY, JJ.
MOTION NO. 286-07
KA 05-02660
Indictment No: 2004-316
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V JOSE A. GOMEZ, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered March 16, 2007, affirming a judgment of Steuben County Court, rendered November 16, 2005,
Now, upon reading and filing the affidavits of Jose Gomez sworn to September 18, 2014 and September 19, 2014, the notice of motion with proof of service thereof, the affidavit of John C. Tunney, Esq. sworn to October 7, 2014, 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, specifically, whether the court placed on the record a reasonable basis for restraining defendant before the jury. Upon our review of the motion papers, we conclude that the issue may have merit. Therefore, the order of March 16, 2007 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 February 13, 2015.
Entered: November 14, 2014
Frances E. Cafarell, Clerk