People v. Moore

• Decision Date: 15 April 1994
• Citation: 614 N.Y.S.2d 342,203 A.D.2d 971
• Parties: PEOPLE, Respondent, v. James E. MOORE, Jr., Appellant.
• Court: New York Supreme Court — Appellate Division

Page 342

614 N.Y.S.2d 342

203 A.D.2d 971

PEOPLE, Respondent, v. James E. MOORE, Jr., Appellant.

Supreme Court of New York, Appellate Division,

Fourth Department.

April 15, 1994.

Prior report: 191 A.D.2d 1020, 595 N.Y.S.2d 148.

Motion for writ of error coram nobis granted and order entered March 12, 1993 vacated. Memorandum: Defendant contends that he was denied effective assistance of appellate counsel because counsel failed to raise an issue on defendant's direct appeal that would have resulted in reversal, specifically, whether the trial court's reasonable doubt charge was improper. Upon our review of the trial court proceedings, we conclude that that issue may have merit. Therefore, the order of March 12, 1993 is vacated and this Court will consider the appeal de novo (see, People v. Vasquez, 70 N.Y.2d 1, 516 N.Y.S.2d 921, 509 N.E.2d 934; People v. LeFrois, 151 A.D.2d 1046, 544 N.Y.S.2d 508). Defendant's assigned counsel is directed to file his brief with this Court on or before July 1, 1994; respondent is directed to file its brief on or before August 2, 1994 and the appeal is to be added to the calendar for the term of Court commencing August 29, 1994.

BALIO, J.P., and CALLAHAN, DOERR and BOEHM, JJ., concur.