| THE PEOPLE V JAMAAL K. CARR |
| Motion No: KA 19-00996 |
| Slip Opinion No: 2020 NY Slip Op 68393(U) |
| Decided on July 7, 2020 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 19-00996
Indictment No: 17-283-17
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMAAL K.
CARR, DEFENDANT-APPELLANT. |
Defendant having moved for a writ of error coram nobis seeking leave to file and serve a late notice of appeal from a judgment of Jefferson County Court, rendered October 24, 2018,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and Jamaal K. Carr is directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before August 6, 2020
Memorandum: Defendant's motion for a writ of error coram nobis is hereby granted, as defense counsel's disregard of this Court's previous orders to file a notice of appeal was unreasonable and amounted to ineffective assistance of counsel in violation of the due process clause (People v Syville, 15 NY3d 391, 398 [2010]).
Entered: July 7, 2020
Mark W. Bennett
Clerk of the Court