Opinion
2000-06699.
Decided June 14, 2004.
Application by the appellant 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 June 30, 2003 ( People v. Manino, 306 A.D.2d 542), affirming a judgment of the Supreme Court, Queens County, rendered June 29, 2000.
Robert Manino, Wallkill, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Roni C. Piplani of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Jay L. Weiner of counsel), former appellate counsel.
Before: A. GAIL PRUDENTI, P.J., MYRIAM J. ALTMAN, NANCY E. SMITH, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the appellant is granted leave to serve and file a brief on the issue of whether the Supreme Court improperly denied the appellant's motion for a mistrial in connection with the Supreme Court's Allen charge ( see Allen v. United States, 164 U.S. 492); and it is further,
ORDERED that pursuant to County Law 722 the following named attorney is assigned as counsel:
Laura Johnson Criminal Appeals Bureau The Legal Aid Society 299 Water Street, 5th Floor New York, N.Y., 10038 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., ALTMAN, SMITH and ADAMS, JJ., concur.