People v Occhiuto, 2021 NY Slip Op 06196 [199 AD3d 837]

November 10, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Plaintiff,

v

Fred Occhiuto, Defendant.

Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for defendant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, and Daniel Berman of counsel), for plaintiff.

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 Supreme Court, Kings County (Ruth Shillingford, J.), rendered June 28, 2018.

Ordered that the application is granted, and the defendant’s application is deemed to be a timely notice of appeal.

The defendant has established his entitlement to the relief requested ( see People v Syville , 15 NY3d 391 [2010]). Chambers, J.P., Hinds-Radix, Barros and Brathwaite Nelson, JJ., concur..