People v. Rivera

• Decision Date: 11 February 2010
• Citation: 893 N.Y.S.2d 923,2010 N.Y. Slip Op. 01310,70 A.D.3d 1517
• Parties: The PEOPLE of the State of New York, Respondent,v.Hector RIVERA, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

70 A.D.3d 1517

893 N.Y.S.2d 923

2010 N.Y. Slip Op. 01310

The PEOPLE of the State of New York, Respondent,

v.Hector RIVERA, Defendant–Appellant.

Supreme Court, Appellate Division, Fourth Department, New York.

Feb. 11, 2010.

OPINION TEXT STARTS HEREMEMORANDUM:

Defendant contends that he was denied effective assistance of appellate counsel because counsel failed to raise an issue on direct appeal that would have resulted in reversal, specifically, in failing to argue that Supreme Court erred in responding to notes from the jury during its deliberations. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order of July 15, 1994 is vacated and this Court will consider the appeal de novo ( see People v. LeFrois, 151 A.D.2d 1046, 544 N.Y.S.2d 508). Defendant is directed to perfect his appeal on or before May 17, 2010.

Motion for writ of error coram nobis granted.