People v. Pangburn

Appellate Division of the Supreme Court of New York

People v. Pangburn

288 A.D.2d 957, 737 N.Y.S.2d 565, 2001 N.Y. App. Div. LEXIS 10741

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

DecidedNovember 9, 2001

StatusPublished

Cited by1 cases

This text of 288 A.D.2d 957 (People v. Pangburn) 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. Pangburn, 288 A.D.2d 957, 737 N.Y.S.2d 565, 2001 N.Y. App. Div. LEXIS 10741 (N.Y. Ct. App. 2001).

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Opinion

—Motion for writ of error coram nobis granted and the order entered and decision filed December 23, 1994 are hereby vacated. 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, whether the elements of burglary in the first and second degrees were satisfied by the guilty plea. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order entered and decision filed December 23,1994 are vacated and the Court will consider the appeal de novo (see, People v LeFrois, 151 AD2d 1046). Defendant is directed to file his records and briefs on or before March 11, 2002. Present — Green, J. P., Pine, Hayes and Bums, JJ.

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—Motion for writ of error coram nobis granted and the order entered and decision filed December 23, 1994 are hereby vacated. 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, whether the elements of burglary in the first and second degrees were satisfied by the guilty plea. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order entered and decision filed December 23,1994 are vacated and the Court will consider the appeal de novo (see, People v LeFrois, 151 AD2d 1046). Defendant is directed to file his records and briefs on or before March 11, 2002. Present — Green, J. P., Pine, Hayes and Bums, JJ.

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Bluebook (online)

288 A.D.2d 957, 737 N.Y.S.2d 565, 2001 N.Y. App. Div. LEXIS 10741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pangburn-nyappdiv-2001.

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