People v Vasquez, Abraham Angel, also known as Velazquez, Juan
Motion No: 2011-11756
Slip Opinion No: 2018 NY Slip Op 90572(U)
Decided on December 11, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M258142

E/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

VALERIE BRATHWAITE NELSON, JJ.

2011-11756

The People, etc., respondent,

v Abraham Angel Vasquez, also known

as Juan Velazquez, appellant.

(Ind. No. 3293/10)

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 17, 2018 (People v Vasquez, 157 AD3d 832), affirming a judgment of the Supreme Court, Kings County, rendered December 1, 2011.

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 there was error in connection with the handling of two jury notes under People v O'Rama, 78 NY2d 270; and it is further,

ORDERED that pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the application:

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 1250.1, et seq.), and written directions; and it is further,

ORDERED that the application is held in abeyance in the interim.

BALKIN, J.P., AUSTIN, SGROI and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court