| People v Smith, Taisha |
| Motion No: 2012-02631 |
| Slip Opinion No: 2019 NY Slip Op 80228(U) |
| Decided on September 24, 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
M266075
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2012-02631 The People, etc., respondent, v Taisha Smith, appellant. (Ind. No. 2368/08)
| 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 April 20, 2016, affirming a judgment of the Supreme Court, Queens County, rendered February 29, 2012.
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 the Supreme Court excessively and prejudicially interfered with the examination of witnesses, thereby depriving her of a fair trial (People v Robinson, 151 AD3d 758); and it is further,
ORDERED that the appellant shall serve and file the brief on or before October 24, 2019; and it is further,
ORDERED that the respondent shall serve and file a brief in response to the appellant's brief, if any, on or before November 25, 2019; and it is further,
ORDERED that the application is held in abeyance in the interim.
DILLON, J.P., AUSTIN, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court