People v. Jarvis

Appellate Division of the Supreme Court of New York

People v. Jarvis

98 A.D.3d 1323, 951 N.Y.S.2d 421

Appellate Division of the Supreme Court of the State of New York·Decided September 28, 2012·Published·Cited by 1 cases

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, in failing to argue ineffective assistance of trial counsel. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order of March 11, 1994 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, EJ., Peradotto, Garni, Lindley and Sconiers, JJ.

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— 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 ineffective assistance of trial counsel. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order of March 11, 1994 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, EJ., Peradotto, Garni, Lindley and Sconiers, JJ.

People v. Jarvis, 98 A.D.3d 1323, 951 N.Y.S.2d 421 (N.Y. Ct. App. 2012).

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