Appellate Division: Second Judicial Department

M277951

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2006-11132 The People, etc., respondent, v William Capehart, appellant. (Ind. No. 842/2005)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered November 16, 2006, which was determined by decision and order of this Court dated March 3, 2009. 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 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 issues of whether the trial court erred in its polling of the jury when the jury was rendering a verdict pursuant to CPL 310.80 and whether trial counsel was ineffective in failing to object to the manner in which the Supreme Court polled the jury when it rendered its verdict; and it is further,

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

Randall D. Unger

125-10 Queens Boulevard, Suite 302

Kew Gardens, NY 11415

and it is further,

ORDERED that assigned counsel shall serve and file the above-referenced brief on or before September 14, 2021; and it is further,

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

MASTRO, J.P., MILLER, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court