People v Goodwine, Gregory
Motion No: 2005-08104
Slip Opinion No: 2019 NY Slip Op 71529(U)
Decided on May 31, 2019
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

M263146

E/mm

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JOHN M. LEVENTHAL

HECTOR D. LASALLE, JJ.

2005-08104

The People, etc., respondent,

v Gregory Goodwine, appellant.

(Ind. No. 04-1579)

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 December 11, 2007 (People v Goodwine, 71 AD3d 1139), affirming a judgment of the Supreme Court, Westchester County, rendered July 28, 2005. Separate motion by the appellant for leave to serve and file a supplemental memorandum of law in support of the application.

Upon the papers filed in support of the application and the papers filed in opposition and in relation thereto and upon the papers filed in support of the motion and the papers filed 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 the appellant shall serve and file the brief on or before July 30, 2019; and it is further,

ORDERED that the motion is granted; and it is further,

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

BALKIN, J.P., CHAMBERS, LEVENTHAL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court