People v Arriaga (2003 NY Slip Op 18241)

People v Arriaga

2003 NY Slip Op 18241 [1 AD3d 442]

November 10, 2003

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 28, 2004

The People of the State of New York, Respondent,
v
Steven Arriaga, Appellant.

—Application by the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered March 1, 2000, for a writ of error coram nobis to vacate the sentence imposed and for the imposition of a new sentence so that he may file a timely notice of appeal.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is,

Ordered that the application is denied as academic. A timely notice of appeal was filed from the judgment and an appeal is pending in this Court. Goldstein, J.P., H. Miller, Crane and Rivera, JJ., concur.