People v Walker

2008 NY Slip Op 03931 [50 AD3d 1629]

April 25, 2008

Appellate Division, Fourth Department

As corrected through Wednesday, June 18, 2008

The People of the State of New York, Respondent, v Frederick E.Walker, Appellant.

—[*1]Motion for writ of error coram nobis granted.Memorandum: Defendant contends that he was denied effective assistance of appellate counselbecause counsel failed to raise an issue on direct appeal that would have resulted in reversal,specifically, in failing to argue that he had been deprived of his right to be present at hisSandoval hearing. Upon our review of the trial court proceedings, we conclude that theissue may have merit. Therefore, the order of March 15, 2002 is vacated and this Court willconsider the appeal de novo (see People v LeFrois, 151 AD2d 1046 [1989]). Defendant isdirected to perfect his appeal on or before July 25, 2008. Present—Scudder, P.J., Centra,Pine and Gorski, JJ.