| People v Robinson |
| 2012 NY Slip Op 06509 [98 AD3d 1324] |
| September 28, 2012 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau
pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, October 24, 2012 |
| The People of the State of New York, Respondent, v Kelvin
Robinson, 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 defendant's guilty plea was involuntary and unknowing
because the plea colloquy negated the elements of the crime. Upon our review of the trial court
proceedings, we conclude that the issue may have merit. Therefore, the order of June 8, 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 December 28, 2012. Present—Scudder, P.J., Smith, Centra, Carni and Lindley, JJ.