People v Lawrence E. Penn III .

Motion No: M-4325

Slip Opinion No: 2019 NYSlipOp 63995(U)

Decided on February 26, 2019

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.

February 26, 2019

The People of the State of New York,

Respondent,

v

Lawrence E. Penn, III,

Defendant-Appellant.

A decision and order of this Court having been entered on September 26, 2017 (Appeal Nos. 4485-4486), unanimously affirming a judgment of the Supreme Court, New York County (Laura A. Ward, J.), rendered on April 21, 2015, and the order, same court and Justice, entered July 11, 2016, which denied defendant's CPL 440.10 motion to vacate said judgment, And defendant-appellant having moved, in the nature of a writ of error coram nobis, for a review of his claim of ineffective assistance of appellate counsel, and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that said application is denied. ENTERED: February 26, 2019

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices

M-4325

Ind. No. 73/14