People v Samuel Encarnacion .

Motion No: M-2958

Slip Opinion No: 2018 NYSlipOp 63479(U)

Decided on February 8, 2018

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.

February 8, 2018

The People of the State of New York,

Respondent,

v

Samuel Encarnacion,

Defendant-Appellant.

A decision and order of this Court having been entered on June 23, 2011 (Appeal No. 2715), unanimously affirming a judgment of the Supreme Court, Bronx County (Elizabeth Foley, J.), rendered on December 19, 2007, 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: February 8, 2018

_____________________ CLERK

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

M-2958

Ind. No. 4268C/05