| People v Walker |
| 2008 NY Slip Op 03931 [50 AD3d 1629] |
| April 25, 2008 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, June 18, 2008 |
| The People of the State of New York, Respondent, v Frederick E.
Walker, Appellant. |
—[*1]Motion for writ of error coram nobis granted.
Memorandum: Defendant contends that he was denied effective assistance of appellate counsel
because counsel failed to raise an issue on direct appeal that would have resulted in reversal,
specifically, in failing to argue that he had been deprived of his right to be present at his
Sandoval hearing. Upon our review of the trial court proceedings, we conclude that the
issue may have merit. Therefore, the order of March 15, 2002 is vacated and this Court will
consider the appeal de novo (see People v LeFrois, 151 AD2d 1046 [1989]). Defendant is
directed to perfect his appeal on or before July 25, 2008. Present—Scudder, P.J., Centra,
Pine and Gorski, JJ.