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The People of the State of New York v. Kelvin Robinson

New York Supreme Court Appellate Division, Fourth Department


September 28, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
KELVIN ROBINSON, DEFENDANT-APPELLANT.

People v Robinson

Decided on September 28, 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.

MOTION NO. (804/07)

MEMORANDUM AND ORDER

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 defendant's guilty plea was involuntary and unknowing because the plea colloquy negated the elements of the crime. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order of June 8, 2007 is vacated and this Court will consider the appeal de novo (see People v LeFrois, 151 AD2d 1046 [1989]). Defendant is directed to file and serve his records and briefs with this Court on or before December 28, 2012.

PRESENT: SCUDDER, P.J., SMITH, CENTRA, CARNI, AND LINDLEY, JJ.

(Filed Sept. 28, 2012.)

20120928

© 1992-2012 VersusLaw Inc.



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