People of State of New York v Glenn S. Smith
Motion No: 2016-01905 ORCR
Slip Opinion No: 2016 NY Slip Op 83072(U)
Decided on August 16, 2016
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

ANTHONY MARANO, P.J.

ANGELA G. IANNACCI

BRUCE E. TOLBERT, JJ.

DECISION & ORDER ON MOTION

2016-1905 OR CR
The People of the State of New York, Respondent, v Glenn S. Smith, Appellant.

Motion by appellant for a writ of error coram nobis for an extension, on the ground of ineffective assistance of appellate counsel, of the time to file an affidavit of errors on an appeal from a judgment of conviction of the Justice Court of the Village of Goshen, Orange County, rendered April 11, 2012.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that the motion is granted (see People v Andrews, 23 NY3d 605 [2014]; People v Syville, 15 NY3d 391 [2010]; People v Bartholomew, 31 Misc 3d 698 [Broome County Ct 2011]) and appellant's time to file an affidavit of errors is extended to 30 days from the date of this decision and order on motion.

Marano, P.J., Iannacci and Tolbert, JJ., concur.

ENTER:

Paul Kenny

Chief Clerk