From Casetext: Smarter Legal Research

People v. Allen

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 945 (N.Y. App. Div. 2000)

Opinion

June 16, 2000.

Present Pigott, Jr., P.J., Green, Hayes, Hurlbutt and Lawton, JJ.


Motion for writ of error coram nobis granted, and the order entered December 26, 1991 ( 178 A.D.2d 994), is hereby vacated. Memorandum: Defendant contends that he was denied effective assistance of appellate counsel because counsel failed to raise an issue on direct appeal that would have resulted in reversal, specifically., whether trial counsel was ineffective for not challenging the trial court's failure to properly instruct the jury on the nature of reasonable doubt. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order of December 26, 1991 is vacated and this Court will consider the appeal de novo ( see, People v. Vasquez, 70 N.Y.2d 1, rearg denied 70 N.Y.2d 748; People v. LeFrois, 151 A.D.2d 1046). Defendant is directed to file and serve his brief with this Court on or before October 2, 2000.


Summaries of

People v. Allen

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 16, 2000
273 A.D.2d 945 (N.Y. App. Div. 2000)
Case details for

People v. Allen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM H. ALLEN…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 16, 2000

Citations

273 A.D.2d 945 (N.Y. App. Div. 2000)
711 N.Y.S.2d 805

Citing Cases

People v. Allen

The first time that this appeal was before us ( People v. Allen, 178 A.D.2d 994, lv denied 79 N.Y.2d 1046),…