Summary
This Appellate Division, Second Department order grants the defendant's application for a writ of error coram nobis, permitting the filing of a late notice of appeal from a Queens County Supreme Court criminal judgment. The court found that the defendant established entitlement to this relief under New York law. The application is deemed a timely notice of appeal.
Topics
Practice areas
Questions Presented
- Whether the defendant is entitled to a timely notice of appeal through a writ of error coram nobis.
Holdings
- The application is granted, and the defendant's application is deemed to be a timely notice of appeal.
Key quotations
“ORDERED that the application is granted, and the defendant's application is deemed to be a timely notice of appeal.” (at 1)
Factual background
The defendant, Osvaldo Garcia, was convicted in the Supreme Court, Queens County. After the judgment, he sought to file a notice of appeal beyond the statutory period and petitioned for a writ of error coram nobis to permit a late filing.
Procedural history
The Supreme Court, Queens County entered judgment on February 16, 2022. The defendant subsequently filed a writ of error coram nobis requesting that a late notice of appeal be deemed timely. The Appellate Division, Second Department considered the application and issued an order.