| People v Lassalle |
| 2014 NY Slip Op 00856 [114 AD3d 1226] |
| February 7, 2014 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting
Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, March 26, 2014 |
| The People of the State of New York, Respondent, v Jarvis
Lassalle, 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, County Court erred in failing to advise defendant
prior to the entry of his plea that his sentence would include a period of postrelease
supervision. Upon our review of the motion papers, we conclude that the issue may have
merit. Therefore, the order of October 3, 2008 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 May 23,
2014. Present—Scudder, P.J., Smith, Centra, Fahey and Lindley, JJ.