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The People of the State of New York, Respondent v. Mark J. Davis

New York Supreme and/or Appellate Courts Appellate Division, Fourth Department


June 8, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
MARK J. DAVIS, DEFENDANT-APPELLANT.

People v Davis

Decided on June 8, 2012

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

MEMORANDUM AND ORDER

Motion for reargument and reconsideration denied. Motion for writ of error coram nobis granted. Memorandum: Defendant contends that he was denied effective assistance of appellate counsel because counsel failed to raise an issue on direct appeal that would have resulted in reversal, specifically, in failing to argue that the court erred when it failed to comply with CPL 310.30 in regard to Court Exhibit #4. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order of January 31, 2012 is vacated and this Court will consider the appeal de novo (see People v LeFrois, 151 AD2d 1046).

Defendant is directed to perfect his appeal on or before September 6, 2012. PRESENT: SCUDDER, P.J., SMITH, CENTRA, AND LINDLEY, JJ. (Filed June 8, 2012.)

20120608

© 1992-2012 VersusLaw Inc.



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