| THE PEOPLE V JORDAN J. ELLISON Indictment No: 524/2010 |
| Motion No: 1105-14 |
| Slip Opinion No: 2016 NY Slip Op 64026(U) |
| Decided on February 5, 2016 |
| 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: PERADOTTO, J.P., CARNI, LINDLEY, DEJOSEPH, AND SCUDDER, JJ.
MOTION NO. 1105-14
KA 13-00035
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JORDAN J. ELLISON,
DEFENDANT-APPELLANT. Indictment No: 524/2010 |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered January 2, 2015 modifying a judgment of Supreme Court, Monroe County, rendered January 7, 2013,
Now, upon reading and filing the affirmation of Donald M. Thompson, Esq. dated December 8, 2015, the notice of motion with proof of service thereof, the affirmation of Nancy Gilligan, Esq. dated December 21, 2015, 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 trial court abused its discretion in finding defendant a persistent felony offender. Upon our review of the motion papers, we conclude that the issue may have merit. The order of January 2, 2015 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 May 5, 2016.
Entered: February 5, 2016
Frances E. Cafarell, Clerk