People v. Stokes

295 A.D.2d 630, 745 N.Y.S.2d 428, 2002 N.Y. App. Div. LEXIS 6870

Opinion

—On the Court’s own motion, it is

Ordered that its unpublished decision and order dated April 29, 2002, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated April 9, 2001 (People v Stokes, 282 AD2d 553), affirming a judgment of the Supreme Court, Kings County, rendered April 26, 1999.

Ordered that the appellant is granted leave to serve and file a brief on the issue of whether he was deprived of his right pursuant to People v Antommarchi (80 NY2d 247) to be present at sidebar discussions with prospective jurors; and it is further,

Ordered that pursuant to County Law § 722 the following named attorney is assigned as counsel: Arza Rayches Feldman, 300 Rabro Drive, Hauppauge, N.Y., 11788, and it is further,

Ordered that assigned counsel shall serve and file a brief expeditiously in accordance with this Court’s rules (see 22 NYCRR 670.1 et seq.) and written directions; and it is further,

Ordered that the application is held in abeyance in the interim. Feuerstein, J.P., Smith, Krausman and Friedmann, JJ., concur.