Opinion
MOTION NO. (55/07) KA 04-02539
02-01-2019
The PEOPLE of the State of New York, Plaintiff-Respondent, v. Kyle E. MILLER, Defendant-Appellant.
Motion for writ of error coram nobis granted. Memorandum: Defendant contends that he was denied effective assistance of appellate counsel because counsel failed to raise an issue on direct appeal, specifically, whether the adjudication under the Sex Offender Registration Act here was barred by res judicata. Upon our review of the motion papers, we conclude that counsel's representation was not constitutionally adequate. The order of February 2, 2007 is vacated and this Court will consider the appeal de novo (see People v. LeFrois , 151 A.D.2d 1046, 544 N.Y.S.2d 508 [4th Dept. 1989] ). Defendant is directed to file and serve his records and briefs with this Court on or before May 31, 2019.