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The PEOPLE & c., Respondent, v. Tyrone PETERS, Appellant.
Order affirmed. A Judge of this Court granted defendant leave to appeal from the Appellate Division's denial of his coram nobis petition (39 N.Y.3d 1112, 186 N.Y.S.3d 824, 208 N.E.3d 52 [2023]). Counsel does not present any claim raised below and thus raises no reviewable issues on appeal. Defendant is not precluded from filing another coram nobis application at the Appellate Division raising the ineffectiveness of his appellate counsel on his direct appeal of the judgment of conviction and sentence (see People v. D'Alessandro, 13 N.Y.3d 216, 220–221, 889 N.Y.S.2d 536, 918 N.E.2d 126 [2009]), nor is he precluded from filing a coram nobis application on any new grounds not previously raised before the Appellate Division.
Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur
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Docket No: No. 94
Decided: November 25, 2024
Court: Court of Appeals of New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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