| THE PEOPLE V WENDELL D. SMITH |
| Motion No: 196-17 |
| Slip Opinion No: 2021 NY Slip Op 73100(U) |
| Decided on October 1, 2021 |
| 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: PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, AND BANNISTER, JJ.
MOTION NO. 196-17
KA 15-01369
Indictment No: 2013-0981
| THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V WENDELL D. SMITH, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered February 10, 2017, affirming a judgment of the Monroe County Court, rendered July 23, 2015,
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.
MEMORANDUM:
The application is granted and the appeal is reinstated, with appellant granted leave to file and serve a brief on the issue of whether the court erred in denying defendant's motion to admit into evidence the statement of Rakuan Simpson as a declaration against penal interest (see People v DiPippo, 27 NY3d 127, 136-137 [2016]), with appellant required to include such statement in the record.
Entered: October 1, 2021
Ann Dillon Flynn
Clerk of the Court