PEOPLE v. PENA TORRES (2023)

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

The PEOPLE, etc., respondent, v. Jose D. PENA–TORRES, appellant.

2023-05612

Decided: November 22, 2023

VALERIE BRATHWAITE NELSON, J.P., ROBERT J. MILLER, LARA J. GENOVESI, LILLIAN WAN, JJ.

Patricia Pazner, New York, NY (Maya McDonnell of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, William H. Branigan, and Richard Eniclerico of counsel), for respondent.

DECISION & ORDER

Application by the defendant for a writ of error coram nobis seeking leave to file a late notice of appeal from a judgment of the Supreme Court, Queens County, rendered February 5, 2020.

ORDERED that the application is granted, and the defendant's application is deemed to be a timely notice of appeal.

The defendant has established his entitlement to the relief requested (see People v. Syville, 15 N.Y.3d 391, 912 N.Y.S.2d 477, 938 N.E.2d 910).

BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WAN, JJ., concur.

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