People v Griffin

2009 NY Slip Op 00953 [59 AD3d 1106]

February 6, 2009

Appellate Division, Fourth Department

As corrected through Wednesday, April 1, 2009

The People of the State of New York, Respondent, v Davon M.Griffin, 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, whether defendant received an illegal sentence because of noncompliance with thestatutory mandates of CPL 400.21. Upon our review of the trial court proceedings, we concludethat the issue may have merit. Therefore, the order of December 22, 2005 is vacated and thisCourt 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 June 5,2009. Present—Scudder, P.J., Hurlbutt, Smith and Gorski, JJ.