Appellate Division: Second Judicial Department

M291440

AFA/

HECTOR D. LASALLE, P.J.

VALERIE BRATHWAITE NELSON

CHERYL E. CHAMBERS

DEBORAH A. DOWLING, JJ.

2017-03933 The People, etc., respondent, v Kyan Washington, appellant. (Ind. No. 952/2013)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered March 21, 2017, which was determined by decision and order of this Court dated December 23, 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 application and the papers filed in opposition and in relation 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 appellate counsel was ineffective for taking a position adverse to that of the appellant; and it is further,

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

Twyla Carter

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 November 6, 2023; and it is further,

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

LASALLE, P.J., BRATHWAITE NELSON, CHAMBERS and DOWLING JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court