PEOPLE v. HERNANDEZ (2023)

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

The PEOPLE, etc., respondent, v. Emerson HERNANDEZ, appellant.

2022–06093

Decided: May 24, 2023

ANGELA G. IANNACCI, J.P., PAUL WOOTEN, BARRY E. WARHIT, LILLIAN WAN, JJ.

Twyla Carter, New York, NY (Natalie Maust of counsel), for appellant. Raymond A. Tierney, District Attorney, Riverhead, NY (Glenn Green 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 County Court, Suffolk County (Fernando Camacho, J.), rendered September 21, 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).

IANNACCI, J.P., WOOTEN, WARHIT and WAN, JJ., concur.

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