The People, etc., respondent, v. Monte Herring, appellant.

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

The People, etc., respondent, v. Monte Herring, appellant.

2007–04181 (Ind.No. 05–00255)

Decided: June 20, 2012

PETER B. SKELOS, J.P. THOMAS A. DICKERSON SHERI S. ROMAN ROBERT J. MILLER, JJ. Monte Herring, Stormville, N.Y., appellant pro se. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.

DECISION & ORDER

Bernard D. Brandy, Goshen, N.Y., former counsel.

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, Orange County, rendered October 7, 2005.

ORDERED that the application is granted, and the defendant's notice of appeal is deemed to have been timely filed.

The defendant has established his entitlement to the relief requested (see People v. Syville, 15 NY3d 391).

SKELOS, J.P., DICKERSON, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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