People v Stanley Hunter

Motion No: 109511

Slip Opinion No: 2018 NY Slip Op 62328(U)

Decided on January 22, 2018

Appellate Division, Third 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.

Decided and Entered: January 22, 2018 109511

___________________________________

THE PEOPLE OF THE STATE OF NEW YORK,                      
                                                       Respondent,
           v                      DECISION AND ORDER
                      ON MOTION
STANLEY HUNTER,
                                                       Appellant.
___________________________________

Motion for writ of error coram nobis to vacate decision and order of this Court in People v Hunter (98 AD3d 1189 [2012], lv denied 20 NY3d 1012 [2013]).

Defendant contends on this motion that he was denied the effective assistance of appellate counsel upon appeal from his judgment of conviction (98 AD3d 1189 [2012], lv denied 20 NY3d 1012 [2013]; People v Bachert, 69 NY2d 593 [1987]). More specifically, he argues that County Court improperly enhanced his sentence without affording him the opportunity to withdraw his plea in light of the alleged inadequacy of County Court's Parker admonishment, and that trial counsel may have been ineffective in this regard. We agree that this issue may have merit and should have been raised on the appeal (see People v Rushlow, 137 AD3d 1482, 1483-1484 [2016]; People v Denegar, 130 AD3d 1140, 1141 [2015]; People v Criscitello, 123 AD3d 1235, 1236-1237 [2014]; People v Tole, 119 AD3d 982, 984 [2014]; People v Becker, 80 AD3d 795, 796 [2011]; People v McDermott, 68 AD3d 1453, 1453-1454 [2009]). Accordingly, the instant motion for coram nobis relief should be granted, so much of the order of this Court entered September 27, 2012 as affirmed the judgment of conviction is vacated, and defendant's appeal from the judgment of conviction reinstated. Upon the reinstated appeal, defendant may raise only this issue.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, so much of the order of this Court entered September 27, 2012 as affirmed the judgment of conviction is vacated, and the appeal from the judgment of the County Court of Sullivan County, rendered November 30, 2010, is reinstated.

Garry, P.J., Lynch, Clark and Aarons, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court