PEOPLE v. SHEGOG (2005)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. George SHEGOG, Defendant-Appellant.

Decided: November 10, 2005

PRESENT: PIGOTT, JR., P.J., HURLBUTT, KEHOE, PINE, AND LAWTON, JJ.

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, that trial counsel took an adverse position to defendant's pro se 330.30 motion. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order of November 15, 1989 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, rearg. denied 70 N.Y.2d 748, 519 N.Y.S.2d 1034, 514 N.E.2d 392; People v. LeFrois, 151 A.D.2d 1046, 544 N.Y.S.2d 508). Defendant is directed to file and serve his records and briefs with this Court on or before January 9, 2006.

Motion for writ of error coram nobis granted.

MEMORANDUM:

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