People v Petit, 2019 NY Slip Op 08872 [178 AD3d 860]

December 11, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Plaintiff,

v

Chilo Petit, Defendant.

Chilo Petit, Attica, NY, defendant pro se.

John M. Ryan, Acting District Attorney, White Plaints, NY (John M. Castellano, Johnnette Traill, Nancy Fitzpatrick Talcott, and Antara D. Kanth of counsel), for plaintiff.

Application by the defendant, in effect, for a writ of error coram nobis seeking leave to file a late notice of appeal from a judgment of the Supreme Court, Queens County, rendered September 13, 2017.

Ordered that the application is granted, and the defendant’s notice of appeal is deemed to have been timely filed.

Under the circumstances of this case, the defendant has established his entitlement to the relief requested ( see People v Syville , 15 NY3d 391 [2010]). Austin, J.P., Cohen, Duffy and Iannacci, JJ., concur..