People v. Stroman

Appellate Division of the Supreme Court of New York

People v. Stroman

38 A.D.3d 1369, 830 N.Y.S.2d 680

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

DecidedMarch 16, 2007

StatusPublished

Cited by1 cases

This text of 38 A.D.3d 1369 (People v. Stroman) 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. Stroman, 38 A.D.3d 1369, 830 N.Y.S.2d 680 (N.Y. Ct. App. 2007).

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Opinion

Motion insofar as it seeks a writ of error coram nobis is 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 counsel. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order of September 28, 2001 is vacated and this Court will consider the appeal de novo (see People v LeFrois, 151 AD2d 1046 [1989]; see also People v Vasquez, 70 NY2d 1, 4 [1987], rearg denied 70 NY2d 748 [1987]). Defendant is directed to file and serve his records and briefs with this Court on or before June 14, 2007. Present—Hurlbutt, J.R, Centra, Green and Pine, JJ.

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Motion insofar as it seeks a writ of error coram nobis is 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 counsel. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order of September 28, 2001 is vacated and this Court will consider the appeal de novo (see People v LeFrois, 151 AD2d 1046 [1989]; see also People v Vasquez, 70 NY2d 1, 4 [1987], rearg denied 70 NY2d 748 [1987]). Defendant is directed to file and serve his records and briefs with this Court on or before June 14, 2007. Present—Hurlbutt, J.R, Centra, Green and Pine, JJ.

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Bluebook (online)

38 A.D.3d 1369, 830 N.Y.S.2d 680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stroman-nyappdiv-2007.

Opinion

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