People v Kahley

2009 NY Slip Op 02204 [60 AD3d 1438]

March 20, 2009

Appellate Division, Fourth Department

As corrected through Wednesday, May 6, 2009

The People of the State of New York, Respondent, v Dale Kahley,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 the court complied with the statutory mandates of CPL 310.30. Upon ourreview of the trial court proceedings, we conclude that the issue may have merit. Therefore, theorder of May 31, 1996 is vacated and this Court will consider the appeal de novo (see Peoplev LeFrois, 151 AD2d 1046 [1989]). Defendant is directed to file and serve his records andbriefs with this Court on or before July 17, 2009. Present—Scudder, P.J., Martoche,Peradotto, Green and Gorski, JJ.