People v Gomez
2014 NY Slip Op 07905 [122 AD3d 1345]
November 14, 2014
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 31, 2014


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 The People of the State of New York, Respondent, v Jose A. Gomez, Appellant.

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, specifically, whether the court placed on the record a reasonable basis for restraining defendant before the jury. Upon our review of the motion papers, we conclude that the issue may have merit. Therefore, the order of March 16, 2007 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 February 13, 2015. Present—Scudder, P.J., Centra, Fahey, Peradotto and Lindley, JJ.