| People v Castro, Elvis |
| Motion No: 2019-05303 |
| Slip Opinion No: 2019 NY Slip Op 75335(U) |
| Decided on July 17, 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. |
Appellate Division: Second Judicial Department
M264513
E/sl
REINALDO E. RIVERA, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2019-05303 The People, etc., respondent, v Elvis Castro, appellant. (S.C.I. No. 1132/15)
| DECISION & ORDER ON MOTION |
Motion by the defendant, inter alia, for a writ of error coram nobis on the ground that his trial counsel was ineffective in failing to file a timely notice of appeal from a judgment of the County Court, Suffolk County, rendered January 12, 2017.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for a writ of error coram nobis on the ground that his trial counsel was ineffective in failing to file a timely notice of appeal is granted (see People v Syville, 15 NY3d 391), and the moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the motion is otherwise denied as academic.
RIVERA, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court