| People v Brown |
| 2013 NY Slip Op 02996 [105 AD3d 1466] |
| April 26, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, vGermaine Brown, Appellant. (Appeal No. 2.) |
—[*1]
Motion for writ of error coram nobis granted. Memorandum: Defendant contendsthat he was denied effective assistance of appellate counsel because counsel failed toraise an issue on direct appeal that would have resulted in reversal, specifically, CountyCourt's deference to the decision of defendant to forgo a jury charge for lesser includedoffenses denied him the expert judgment of counsel, to which the Sixth Amendmententitles him. Upon our review of the motion papers, we conclude that the issue may havemerit. Therefore, the order of June 6, 2008 is vacated and this Court will consider theappeal de novo (see People v LeFrois, 151 AD2d 1046 [1989]). Defendant isdirected to file and serve his records and briefs with this Court on or before July 25,2013. Present—Smith, J.P., Fahey, Peradotto and Lindley, JJ.