People v Rosales

People v Rosales 2016 NY Slip Op 03201 Decided on April 27, 2016 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 27, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
LEONARD B. AUSTIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
2016-00789
(Ind. No. 1978-13)

[*1]The People of the State of New York, respondent,

v

Jamie Rosales, appellant.

Paul S. Brenner, New York, NY, for appellant, and appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, NY (Alfred Croce of counsel), for respondent.

DECISION & ORDER

Applications by the attorney for the defendant and the defendant pro se for a writ of error coram nobis seeking leave to file a late notice of appeal from a judgment of the County Court, Suffolk County, rendered August 4, 2014.

ORDERED that the applications are granted, and the defendant's notice of appeal is deemed to have been timely filed.

The defendant has established his entitlement to the relief requested (see People v Syville, 15 NY3d 391).

AUSTIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court