| THE PEOPLE V DENNIS TIMMONS Indictment No: 420/00 |
| Motion No: 1200-02 |
| Slip Opinion No: 2016 NY Slip Op 87577(U) |
| Decided on September 30, 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: WHALEN, P.J., CENTRA, PERADOTTO, TROUTMAN, AND SCUDDER, JJ.
MOTION NO. 1200-02
KA 01-01201
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DENNIS TIMMONS,
DEFENDANT-APPELLANT. Indictment No: 420/00 |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered November 15, 2002 affirming a judgment of Monroe County Court, rendered April 3, 2001,
Now, upon reading and filing the affidavit of Dennis Timmons sworn to June 7, 2016, the notice of motion with proof of service thereof, the affirmation of Daniel Gross, Esq. dated August 16, 2016, 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 court erred when it failed to comply with CPL 310.30 in regard to Court Exhibit No. 3. Upon our review of the motion papers, we conclude that the issue may have merit. The order of November 15, 2002 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 December 29, 2016.
Entered: September 30, 2016
Frances E. Cafarell, Clerk