Appellate Division: Second Judicial Department

M191831

E/htr

JOHN M. LEVETHAL, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SYLVIA HINDS-RADIX, JJ.

2012-09319 The People, etc., respondent, v Devendra Singh, appellant. (Ind. No. 1134/04)

DECISION & ORDER ON MOTION

Application by the appellant for a writ of error coram nobis to vacate a decision and order of this Court dated March 17, 2014, affirming a judgment of the Supreme Court, Queens County, rendered April 26, 2012, on the ground of ineffective assistance of appellate counsel.

Upon the papers filed in support of the application and the papers filed in opposition and in relation thereto, it is

ORDERED that on the Court's own motion, the appellant is granted leave to serve and file a brief on the issue of whether he was properly advised of the deportation consequences of his plea (see People v Paqua, 22 NY3d 168); and it is further,

ORDERED that pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the application:

Seymour James, Jr., Esq.

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

and it is further,

ORDERED that assigned counsel shall file the brief expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.), and written directions; and it is further,

ORDERED that the application is held in abeyance in the interim.

LEVENTHAL, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court