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

MOTION NO. 995-10
KA 08-02649
Indictment No: 08-01-022

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V RONALD BRINK, DEFENDANT-APPELLANT.

Appellant having moved for a writ of error coram nobis vacating the order of this Court entered November 12, 2010, modifying a judgment of Ontario County Court, rendered December 9, 2008, and for other relief,

Now, upon reading and filing the affirmations of Mark C. Davison, Esq. dated November 18, 2014 and December 5, 2014, the notice of motion with proof of service thereof, the affirmation of Brian D. Dennis, Esq. dated November 24, 2014, 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: 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 erred when it failed to comply with CPL 310.30 in regard to jury note #3. Upon our review of the motion papers, we conclude that the issue may have merit. The order of November 12, 2010 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 April 2, 2015.

Entered: January 2, 2015

Frances E. Cafarell, Clerk