People v Arthur Franklin

Motion No: M-3140

Slip Opinion No: 2017 NYSlipOp 87243(U)

Decided on September 28, 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.

September 28, 2017

The People of the State of New York,

Respondent,

v

Arthur Franklin,

Defendant-Appellant.

A decision and order of this Court having been entered on March 15, 2016 (Appeal No. 517), unanimously affirming a judgment of the Supreme Court, New York County (Gregory Carro, J. at motion to controvert search warrant; Thomas Farber, J. at initial suppression hearing; Edward J. McLaughlin, J. at continued suppression hearing; Ruth Pickholz, J. at plea and sentencing), rendered on January 9, 2012, as amended March 7, 2012, 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: September 28, 2017

_____________________ CLERK

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

M-3140

Ind. No. 5749/09