People v Davis

2012 NY Slip Op 04640 [96 AD3d 1512]

June 8, 2012

Appellate Division, Fourth Department

As corrected through Wednesday, August 1, 2012

The People of the State of New York, Respondent, v Mark J. Davis,Appellant.

—[*1]Motion for reargument and reconsideration denied.Motion for writ of error coram nobis granted. Memorandum: Defendant contends that he wasdenied effective assistance of appellate counsel because counsel failed to raise an issue on directappeal that would have resulted in reversal, specifically, in failing to argue that the court erredwhen it failed to comply with CPL 310.30 in regard to court exhibit #4. Upon our review of thetrial court proceedings, we conclude that the issue may have merit. Therefore, the order ofJanuary 31, 2012 is vacated and this Court will consider the appeal de novo (see People vLeFrois, 151 AD2d 1046 [1989]). Defendant is directed to perfect his appeal on or beforeSeptember 6, 2012. Present—Scudder, P.J., Smith, Centra and Lindley, JJ. (Filed June 8,2012.)