The People, etc., respondent, v. Steven Hobson, appellant. (2010)

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

The People, etc., respondent, v. Steven Hobson, appellant.

2005-08525 (Ind.No. 2362 /04)

Decided: May 04, 2010

WILLIAM F. MASTRO, J.P. PETER B. SKELOS ANITA R. FLORIO THOMAS A. DICKERSON, JJ.

Steven Hobson, Napanoch, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent. Joseph F. Kilada, Garden City, N.Y, former appellate counsel. Application by the appellant pro se for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated January 22, 2008 (People v Hobson, 47 AD3d 840), affirming a judgment of the County Court, Suffolk County, rendered August 4, 2005. ORDERED that the appellant is granted leave to serve and file a brief on the issue of whether former appellate counsel was ineffective for failing to raise the issue that the trial court's alleged error in charging the jury pursuant to Penal Law § 265.09(1)(b) rather than Penal Law § 265.09(1)(a) requires a new trial;  and it is further,