Appellate Division: Second Judicial Department

M282178

MB/jr

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

JOSEPH J. MALTESE

JOSEPH A. ZAYAS, JJ.

2013-08549 The People, etc., respondent, v Mark Baez, appellant. (Ind. No. 1634/2011)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered July 19, 2013, which was determined by decision and order of this Court dated August 21, 2019. 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.

ORDERED that on the Court's own motion, the appellant is granted leave to serve and file a brief on the issue of whether the appellant was deprived of a fair trial due to the trial court's extensive questioning of witnesses, usurping the role of the attorneys, and/or creating the impression that it was an advocate for the People; and it is further,

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

Janet E. Sabel

The Legal Aid Society

199 Water Street - 5th Floor

New York, NY 10038

and it is further,

ORDERED that assigned counsel shall serve and file the above-referenced brief on or before May 30, 2022; and it is further,

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

CONNOLLY, J.P., BRATHWAITE NELSON, MALTESE and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court