| People v Kahley |
| 2009 NY Slip Op 02204 [60 AD3d 1438] |
| March 20, 2009 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, May 6, 2009 |
| The People of the State of New York, Respondent, v Dale Kahley,
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, whether the court complied with the statutory mandates of CPL 310.30. Upon our
review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the
order of May 31, 1996 is vacated and this Court will consider the appeal de novo (see People
v LeFrois, 151 AD2d 1046 [1989]). Defendant is directed to file and serve his records and
briefs with this Court on or before July 17, 2009. Present—Scudder, P.J., Martoche,
Peradotto, Green and Gorski, JJ.