| People v Tuff |
| 2013 NY Slip Op 04959 [107 AD3d 1646] |
| June 28, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v LeroyTuff, Jr., Appellant. |
—[*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, the jury'sverdict was against the weight of the evidence. Upon our review of the motion papers,we conclude that the issue may have merit. Therefore, the order of December 30, 2011 isvacated 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 briefswith this Court on or before September 26, 2013. Present—Smith, J.P., Peradotto,Lindley, Whalen and Martoche, JJ.