People v Gaetano D'Attore .

Motion No: M-5290

Slip Opinion No: 2017 NYSlipOp 66018(U)

Decided on March 2, 2017

Appellate Division, First 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.

March 2, 2017

The People of the State of New York,

Respondent,

v

Gaetano D'Attore,

Defendant-Appellant.

An appeal having been taken from the judgment of the Supreme Court, Bronx County (Mullen, J.), rendered on or about July 1, 2010 and from a judgment of resentence, rendered on or about February 28, 2011, And, defendant-appellant having moved, in the nature

of a writ of error coram nobis, for a review of his claim of ineffective assistance of appellate counsel, and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that said application is denied, as premature, inasmuch as the perfected appeal is presently calendared for the March 2017 Term. ENTERED: March 2, 2017 _______________________ CLERK

PRESENT - Hon. Peter Tom, Justice Presiding, David Friedman John W. Sweeny, Jr. Rolando T. Acosta, Justices

M-5290

Ind. No. 593/09