People v Nelson Cruz .

Motion No: M-1280

Slip Opinion No: 2017 NYSlipOp 81346(U)

Decided on August 1, 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.

August 1, 2017

The People of the State of New York,

Respondent,

v

Nelson Cruz,

Defendant-Appellant.

A decision and order of this Court having been entered on October 14, 2008 (Appeal No. 4249), unanimously affirming a judgment of the Supreme Court, New York County (Jeffrey M. Atlas, J., at suppression hearing; Bruce Allen, J., at jury trial and sentence), rendered on June 17, 2005, 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 other 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: August 1, 2017

_____________________ CLERK

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

M-1280

Ind. No. 4087/03