| People v Coleman |
| 2008 NY Slip Op 07139 [54 AD3d 961] |
| September 23, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Shawn Coleman, Appellant. |
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Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret E. Mainusch and Robert A.
Schwartz of counsel), for respondent.
Joseph F. DeFelice, Kew Gardens, N.Y., former appellate counsel.
Application by the appellant pro se for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated February 6, 2007 (People v Coleman, 37 AD3d 489 [2007]), modifying a judgment of the County Court, Nassau County, rendered May 5, 2003.
Ordered that the appellant is granted leave to serve and file a brief on the issue of whether he was denied his right to be represented by counsel of his choice; and it is further,
Ordered that pursuant to County Law § 722, the following named attorney is assigned as counsel: Leon Tracy, 366 No. Broadway, Suite 410-No. D9, Jericho, N.Y. 11753-2826,
Ordered that assigned counsel shall serve and file a brief expeditiously [*2]in accordance with this Court's rules (see 22 NYCRR 670.1 et seq.) and written directions; and it is further,
Ordered that the application is held in abeyance in the interim. Spolzino, J.P., Ritter, Miller and Dillon, JJ., concur.