Appellate Division: Second Judicial Department

M310099

AFA/

ANGELA G. IANNACCI, J.P.

BARRY E. WARHIT

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2008-07751 The People, etc., respondent-appellant, v Erwin Jackson, appellant-respondent. (Ind. No. 2826/2005)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from a judgment of the County Court, Nassau County, rendered July 30, 2008, which were determined by decision and order of this Court dated September 15, 2009. Motion by the appellant-respondent to recall and vacate so much of a decision and order of this Court dated November 19, 2025, as denied his application for a writ of error coram nobis to vacate on the ground of ineffective of appellate counsel the decision and order of this Court dated September 15, 2009, and, in effect, for leave to reargue his prior application for a writ of error coram nobis to vacate the decision and order of this Court dated September 15, 2009.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that the decision and order on motion of this Court dated November 19, 2025, is recalled and vacated, and the following decision and order on motion is substituted therefor:

Application by the appellant for a writ of error coram nobis to vacate a decision and order of this Court dated September 15, 2009 (People v Jackson, 65 AD3d 1164), modifying a judgment of the County Court, Nassau County, rendered July 30, 2008.

ORDERED that the application is denied; and it is further,

ORDERED that the motion is otherwise denied.

IANNACCI, J.P., WARHIT, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court