People v Darryl Phelps

Motion No: M-1164

Slip Opinion No: 2020 NYSlipOp 69597(U)

Decided on August 6, 2020

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.

August 6, 2020

The People of the State of New York,

Respondent, CONFIDENTIAL

v

Darryl Phelps,

Defendant-Appellant.

A decision and order of this Court having been entered

on May 3, 2001 (Appeal No. 4055), unanimously affirming the judgment of the Supreme Court, New York County (Carol Berkman, J.), rendered on May 20, 1998, 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: August 6, 2020

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Angela M. Mazzarelli Ellen Gesmer Anil C. Singh Lizbeth GonzÁlez, Justices

M-1164

Ind. No. 10513/97