Appellate Division: Second Judicial Department

M287946

AFA/

VALERIE BRATHWAITE NELSON, J.P.

LARA J. GENOVESI

BARRY E. WARHIT

LILLIAN WAN, JJ.

1996-04955 The People, etc., respondent, v Eric Quinones, appellant. (Ind. No. 12926/1995)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered May 23, 1996, which was determined by decision and order of this Court dated June 15, 1998. 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 application 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 issues of whether the sentencing court penalized him for exercising his right to a jury trial and whether trial counsel was ineffective in failing to set forth this issue on the record at the time of sentencing; and it is further,

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

Patricia Pazner

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

and it is further,

ORDERED that assigned counsel shall serve and file the above-referenced brief on or before May 19, 2023; and it is further,

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

BRATHWAITE NELSON, J.P., GENOVESI, WARHIT and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court