People v. Brooks

Appellate Division of the Supreme Court of New York

People v. Brooks

109 A.D.3d 1218, 971 N.Y.S.2d 727

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 27, 2013

DocketAppeal No. 1; Appeal No. 2

StatusPublished

This text of 109 A.D.3d 1218 (People v. Brooks) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Brooks, 109 A.D.3d 1218, 971 N.Y.S.2d 727 (N.Y. Ct. App. 2013).

Pincite

Opinion

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, defendant was denied effective assistance of counsel because trial counsel failed to provide conflict-free representation. Upon our review of the motion papers, we conclude that the issue may have merit. Therefore, the orders of January 31, 2012 are vacated and this Court will consider the appeals 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 January 9, 2014. Present — Scudder, EJ., Smith, Peradotto, Lindley and Sconiers, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

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, defendant was denied effective assistance of counsel because trial counsel failed to provide conflict-free representation. Upon our review of the motion papers, we conclude that the issue may have merit. Therefore, the orders of January 31, 2012 are vacated and this Court will consider the appeals 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 January 9, 2014. Present — Scudder, EJ., Smith, Peradotto, Lindley and Sconiers, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

109 A.D.3d 1218, 971 N.Y.S.2d 727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brooks-nyappdiv-2013.

Opinion

Related

Cite This Page — Counsel Stack