People v Herman Spencer also known as Herman Powell

Motion No: M-1491

Slip Opinion No: 2017 NYSlipOp 76979(U)

Decided on June 15, 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.

June 15, 2017

The People of the State of New York,

Respondent,

v

Herman Spencer, also known as Herman

Powell,

Defendant-Appellant.

A decision and order of this Court having been entered on April 9, 1996 (Appeal Nos. 57467/57467A), unanimously affirming a judgment of the Supreme Court, New York County (Harold Rothwax, J.), rendered on January 5, 1994, 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.ENTERED: June 15, 2017

_____________________ CLERK

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

M-1491

Ind. No. 4288/92