The People, etc., respondent, v. Angel Morales, appellant. (2011)

DECISION & ORDER ON MOTION

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,

ORDERED that the motion is granted and, upon reargument, the decision and order of this Court dated March 1, 2011, is recalled and vacated, and the following decision and order is substituted therefor:

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, an opinion and order of this Court dated September 8, 2003 (People v. Morales, 308 A.D.2d 229), affirming a judgment of the Supreme Court, Kings County, rendered March 15, 2000.

ORDERED that the appellant is granted leave to serve and file a brief on the issue of whether the verdict as to robbery in the second degree and robbery in the third degree, submitted to the jury as counts 7 and 8, respectively, was repugnant;  and it is further,

ORDERED that pursuant to County Law § 722, the following named attorney is assigned as counsel:

Lynn W.L. Fahey

2 Rector Street, 10th Floor New York, N.Y. 10006

and it is further,

ORDERED that assigned counsel shall serve and file a brief expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1 et seq.), and written directions;  and it is further,

ORDERED that the application is held in abeyance in the interim.

PRUDENTI, P.J., MASTRO, RIVERA and SKELOS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court