People v Rivera

2008 NY Slip Op 05270

Decided on June 6, 2008

Appellate Division, Fourth Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 6, 2008
MOTION NO. (1669/90) KA 08-00201.






MEMORANDUM AND ORDER
Motion for writ of error coram nobis 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 that the court's jury instruction distorted the "course and furtherance" element of felony murder. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order of February 1, 1991 is vacated and this Court will consider the appeal de novo (see People v LeFrois, 151 AD2d 1046 [1989]). Defendant is directed to file and serve his records and briefs with this Court on or before September 4, 2008.
PRESENT: SCUDDER, P.J., CENTRA, LUNN, GREEN, AND GORSKI, JJ. (Filed June 6, 2008.)