Appellate Division: Second Judicial Department

M208636

S/sl

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. By decision and order on motion of this Court dated May 7, 2015, as amended May 14, 2015, the appellant was 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 Peque, 22 NY3d 168), and the following attorney was assigned as counsel to file the brief:

Seymour James, Jr., Esq.

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

Now, on the Court's own motion, it is

ORDERED that on or before June 1, 2016, assigned counsel shall serve and file a brief addressing the issue of whether appellate counsel, who represented the appellant on appeal, was ineffective for failing to raise the issue of whether the appellant was properly advised of the deportation consequences of his plea (see People v Peque, 22 NY3d 168); and it is further,

ORDERED that the respondent shall serve and file a brief, if any, responding to the appellant's brief on or before August 1, 2016, and the appellant shall serve and file a reply brief, if any, on or before August 22, 2016; and it is further,

ORDERED that the application for a writ of error coram nobis shall continue to be held in abeyance in the interim.

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

ENTER:

Aprilanne Agostino

Clerk of the Court