Appellate Division: Second Judicial Department

M274714

E/afa

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2015-11105 The People, etc., respondent, v Brandon Davis, appellant. (Ind. No. 567-2014)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered October 6, 2015, which was determined by decision and order of this Court dated May 16, 2018. Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, the decision and order of this Court.

Upon the papers filed in support of the motion 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 appellant's convictions of murder in the second degree should be dismissed as lesser included offenses of his conviction of murder in the first degree; and it is further,

ORDERED that pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the application:

Richard L. Herzfeld

112 Madison Ave., 8th Fl.

New York, NY 10016

and it is further,

ORDERED that assigned counsel shall serve and file the above-referenced brief on or before February 22, 2021; and it is further,

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

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

ENTER:

Aprilanne Agostino

Clerk of the Court