| People v Nealy, William |
| Motion No: 2003-01806 |
| Slip Opinion No: 2021 NY Slip Op 69071(U) |
| Decided on July 16, 2021 |
| 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
M278228
E/sl
LEONARD B. AUSTIN, J.P.
COLLEEN D. DUFFY
BETSY BARROS
JOSEPH A. ZAYAS, JJ.
|
2003-01806 The People, etc., respondent, v William Nealy, appellant. (Ind. No. 973/2001)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the County Court, Nassau County, rendered February 11, 2003, which was determined by decision and order of this Court dated August 1, 2006. 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 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 sentence imposed was excessive; and it is further,
ORDERED that pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the application:
Kenneth M. Tuccillo
591 Warburton Ave., #576
Hastings-on-Hudson, NY 10706
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.
AUSTIN, J.P., DUFFY, BARROS and ZAYAS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court