People v. Miller
This text of 2019 NY Slip Op 811 (People v. Miller) 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.
Opinion
| People v Miller |
| 2019 NY Slip Op 00811 |
| Decided on February 1, 2019 |
| Appellate Division, Fourth Department |
| 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. |
Decided on February 1, 2019
PRESENT: SMITH, J.P., PERADOTTO, CURRAN, AND WINSLOW, JJ. (Filed Feb. 1, 2019.)
MOTION NO. (55/07) KA 04-02539.
v
KYLE E. MILLER, DEFENDANT-APPELLANT.
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, specifically, whether the adjudication under the Sex Offender Registration Act here was barred by res judicata. Upon our review of the motion papers, we conclude that counsel's representation was not constitutionally adequate. The order of February 2, 2007 is vacated and this Court will consider the appeal de novo (see People v LeFrois , 151 AD2d 1046 [4th Dept 1989]). Defendant is directed to file and serve his records and briefs with this Court on or before May 31, 2019.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
2019 NY Slip Op 811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-miller-nyappdiv-2019.