June 28, 2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
LEROY TUFF, JR., DEFENDANT-APPELLANT. Motion No. (1331/11) KA 09-01810
PRESENT: SMITH, J.P., PERADOTTO, LINDLEY, WHALEN, AND MARTOCHE, JJ.
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, the jury's verdict was against the weight of the evidence. Upon our review of the motion papers, we conclude that the issue may have merit. Therefore, the order of December 30, 2011 is vacated and this Court will consider the appeal de novo (see People v LeFrois, 151 A.D.2d 1046). Defendant is directed to file and serve his records and briefs with this Court on or before September 26, 2013.