People v Johnson

2007 NY Slip Op 07285 [43 AD3d 1453]

September 28, 2007

Appellate Division, Fourth Department

As corrected through Wednesday, November 7, 2007

The People of the State of New York, Respondent, v Habib F.Johnson, Appellant.

—[*1]Motion for writ of error coram nobis granted.Memorandum: Defendant contends that he was denied effective assistance of appellate counselbecause appellate counsel failed to raise an issue on appeal that would have resulted in reversal,specifically, that trial counsel was ineffective in failing to move to dismiss specifically the firstcount of the indictment on the ground of insufficient evidence. Upon our review of the trial courtproceedings, we conclude that the issue may have merit. Therefore, the order of December 22,2005 is vacated and this Court will consider the appeal de novo (see People v LeFrois,151 AD2d 1046 [1989]). Defendant is directed to perfect his appeal pursuant to 22 NYCRR part1000 on or before November 27, 2007. Present—Hurlbutt, J.P., Gorski, Martoche andGreen, JJ.