| People v Contant |
| 2011 NY Slip Op 04067 [84 AD3d 977] |
| May 10, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v IsanContant, Appellant. |
—[*1] Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel), forrespondent. James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), former appellatecounsel.
Application by the appellant pro se for a writ of error coram nobis to vacate, on the ground ofineffective assistance of counsel, a decision and order of this Court dated October 26, 2010 (see People v Contant, 77 AD3d967 [2010]), affirming a judgment of the County Court, Rockland County, rendered October3, 2007.
Ordered that the application is granted and the decision and order of this Court dated October26, 2010 (see People v Contant, 77AD3d 967 [2010]), is recalled and vacated; and it is further,
Ordered that pursuant to County Law § 722, the following named attorney is assignedas counsel: John R. Lewis, Esq., 36 Hemlock Drive, Sleepy Hollow, N.Y., 10591 and it isfurther,
Ordered that assigned counsel shall serve and file a brief expeditiously in accordance withthis Court's rules (see 22 NYCRR 670.1 et seq.) and written directions.
Under the circumstances of this case, we find that former appellate counsel was ineffective infailing to raise the issue that the appellant's waiver of his right to appeal was not valid (see People v Nicelli, 74 AD3d1235 [2010]), and in failing to evaluate whether there were any nonfrivolous issues whichcould be raised on appeal. Dillon, J.P., Florio, Roman and Sgroi, JJ., concur.