| THE PEOPLE V KYLE E. MILLER |
| Motion No: 55-07 |
| Slip Opinion No: 2019 NY Slip Op 62694(U) |
| Decided on February 1, 2019 |
| Appellate Division, Fourth 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. |
PRESENT: SMITH, J.P., PERADOTTO, CURRAN, AND WINSLOW, JJ.
MOTION NO. 55-07
KA 04-02539
Indictment No: 01-073
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KYLE E. MILLER,
DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered February 2, 2007, affirming an order of the Cattaraugus County Court, entered February 28, 2005,
Now, upon reading and filing the affirmation of Caitlin M. Connelly, Esq., dated November 8, 2018, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted.
Memorandum: Defendant contends that he was denied effective assistance of appellate counsel because counsel failed to raise an issue on direct appeal, specifically, whether the adjudication under the Sex Offender Registration Act here was barred by res judicata. Upon our review of the motion papers, we conclude that counsel's representation was not constitutionally adequate. The order of February 2, 2007 is vacated and this Court will consider the appeal de novo (see People v LeFrois, 151 AD2d 1046). Defendant is directed to file and serve his records and briefs with this Court on or before May 31, 2019.
Entered: February 1, 2019
Mark W. Bennett, Clerk