| People v Simmons, Derek |
| Motion No: 2008-11014 |
| Slip Opinion No: 2017 NY Slip Op 86171(U) |
| Decided on September 15, 2017 |
| Appellate Division, 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 Division: Second Judicial Department
M237629
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX, JJ.
|
2008-11014 The People, etc., respondent, v Derek Simmons, appellant. (Ind. No. 2362/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to reargue his prior application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated May 17, 2011 (People v Simmons, 84 AD3d 1120), affirming a judgment of the Supreme Court, Queens County, rendered November 19, 2008. The prior application was determined by decision and order of this Court dated February 22, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
MASTRO, J.P., LEVENTHAL, SGROI and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court