People v. Pena-Torres

198 N.Y.S.3d 610, 221 A.D.3d 914, 2023 NY Slip Op 06059
Appellate Division of the Supreme Court of the State of New York·Decided November 22, 2023·No. Ind. No. 2977/17·Published

Opinion

People v Pena-Torres (2023 NY Slip Op 06059)
People v Pena-Torres
2023 NY Slip Op 06059
Decided on November 22, 2023
Appellate Division, Second 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 November 22, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
LILLIAN WAN, JJ.

2023-05612
(Ind. No. 2977/17)

[*1]The People of the State of New York, respondent,

v

Jose D. Pena-Torres, appellant.


Patricia Pazner, New York, NY (Maya McDonnell of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, William H. Branigan, and Richard Eniclerico of counsel), for respondent.



DECISION & ORDER

Application by the defendant for a writ of error coram nobis seeking leave to file a late notice of appeal from a judgment of the Supreme Court, Queens County, rendered February 5, 2020.

ORDERED that the application is granted, and the defendant's application is deemed to be a timely notice of appeal.

The defendant has established his entitlement to the relief requested (see People v Syville, 15 NY3d 391).

BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court



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

People v. Pena-Torres, 198 N.Y.S.3d 610, 221 A.D.3d 914, 2023 NY Slip Op 06059 (N.Y. Ct. App. 2023).

198 N.Y.S.3d 610 (People v. Pena-Torres) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Syville
938 N.E.2d 910 (New York Court of Appeals, 2010)