People v Jarvis

2012 NY Slip Op 06501 [98 AD3d 1323]

September 28, 2012

Appellate Division, Fourth Department

As corrected through Wednesday, October 24, 2012

The People of the State of New York, Respondent, v Kharye Jarvis,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, in failing to argue ineffective assistance of trial counsel. Upon our review of the trialcourt proceedings, we conclude that the issue may have merit. Therefore, the order of March 11,1994 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 thisCourt on or before December 28, 2012. Present—Scudder, P.J., Peradotto, Carni, Lindleyand Sconiers, JJ.