People v Joseph Burden

Motion No: M-1605

Slip Opinion No: 2018 NYSlipOp 78600(U)

Decided on July 26, 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.

July 26, 2018

The People of the State of New York,

CONFIDENTIAL

v

Joseph Burden,

Defendant.

Defendant, both pro se and through retained counsel,

having moved for an order granting his application for a writ

of error coram nobis on the grounds he was allegedly denied effective assistance of trial counsel by reason, inter alia,

of trial counsel's failure to file a timely notice of appeal

on defendant's behalf, pursuant to CPL 460.30, from a SORA order

of the Supreme Court, Bronx County, entered on or about March 4, 2005, trial counsel's failure to argue that defendant was exempt from registering as a sex offender under Corrections Law 168-a, and for other relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied.ENTERED: July 26, 2018

_____________________ CLERK

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

M-1605

Ind. No. 30026/04