PEOPLE v. BRINK (2015)

The PEOPLE of the State of New York, Respondent, v. Ronald BRINK, Defendant–Appellant.

Decided: January 02, 2015

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, and SCONIERS, JJ.

Defendant contends that he was denied effective assistance of appellate counsel because counsel failed to raise an issue on direct appeal, specifically, whether the court erred when it failed to comply with CPL 310.30 in regard to jury note # 3. Upon our review of the motion papers, we conclude that the issue may have merit. The order of November 12, 2010 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 file and serve his records and briefs with this Court on or before April 2, 2015.

Motion for writ of error coram nobis granted.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law