| People v Louis, Kevin |
| Motion No: 2008-09711 |
| Slip Opinion No: 2018 NY Slip Op 66335(U) |
| Decided on March 8, 2018 |
| 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
M247175
E/afa
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2008-09711
The People, etc., respondent, v Kevin Louis, appellant. (Ind. No. 5382/03)
| DECISION & ORDER ON MOTION |
Application by the appellant 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 31, 2011 (People v Louis, 84 AD3d 1410), affirming a judgment of the Supreme Court, Kings County, rendered October 20, 2008.
Upon the papers filed in support of the application and the papers filed in opposition and in relation thereto, it is
ORDERED that on the Court's own motion, the appellant is granted leave to serve and file a brief on the issue of whether trial counsel was ineffective for failing to move to dismiss the misdemeanor counts of the indictment as time barred; and it is further,
ORDERED that pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the application:
Seymour James, Jr., Esq.
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
and it is further,
ORDERED that assigned counsel shall file the brief expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.), and written directions; and it is further,
ORDERED that the application is held in abeyance in the interim.
MASTRO, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court