| People v Ayala, Benjamin |
| Motion No: 2005-00576 |
| Slip Opinion No: 2018 NY Slip Op 67074(U) |
| Decided on March 16, 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
M247171
E/rr
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
COLLEEN D. DUFFY, JJ.
|
2005-00576 The People, etc., respondent, v Benjamin Ayala, appellant. (Ind. No. 8275/03)
| 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 January 23, 2007 (People v Ayala, 36 AD3d 827), affirming a judgment of the Supreme Court, Kings County, rendered January 11, 2005.
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 the counts charging him with burglary in the first degree were multiplicitous; and it is further,
ORDERED that pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the application:
Mark Diamond
Box 287356
Yorkville Station, New York 10128
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.
CHAMBERS, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's address:
05-A-0302
Green Haven Corr. Fac.
P.O. Box 4000
Stormville, NY 12582