| People v Bautista, Porfirio, M. |
| Motion No: 2014-08278 |
| Slip Opinion No: 2014 NY Slip Op 92078(U) |
| Decided on December 8, 2014 |
| 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. |
Appellate Division: Second Judicial Department
M183349
E/sl
L. PRISCILLA HALL, J.P.
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2014-08278
The People, etc., plaintiff, v Porfirio M. Bautista, defendant. (Ind. No. 11-00447)
| DECISION & ORDER ON MOTION |
Motion by the defendant, inter alia, for a writ of error coram nobis on the ground that his trial counsel was ineffective in failing to file a timely notice of appeal from a judgment of the County Court, Orange County, rendered September 6, 2012.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied as unnecessary as the notice of appeal was timely served and filed; and it is further,
ORDERED that on or before January 26, 2015, the appellant shall either perfect the appeal or move for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
HALL, J.P., COHEN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court