Appellate Division: Second Judicial Department

M281901

AFA/

BETSY BARROS, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2013-05608 The People, etc., respondent, v Marell Walker, appellant. (Ind. No. 4365/2011)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered May 20, 2013, which was determined by decision and order of this Court dated November 25, 2020. Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, the decision and order of this Court.

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

ORDERED that on the Court's own motion, the appellant is granted leave to serve and file a brief on the issue of whether trial counsel was ineffective for failing to request a jury charge on the issue of intoxication; and it is further,

ORDERED that pursuant to County Law § 722, the following named attorney is assigned as counsel to prosecute the application:

Steven A. Feldman

1129 Northern Blvd., Ste. 404

Manhasset, NY 11030

and it is further,

ORDERED that assigned counsel shall serve and file the above-referenced brief on or before May 17, 2022; and it is further,

ORDERED that the application is held in abeyance in the interim.

BARROS, J.P., MALTESE, WOOTEN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court