People v Alleyne, 2016 NY Slip Op 08085 [144 AD3d 1168]

November 30, 2016

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

David Alleyne, Appellant.

Lynn W.L. Fahey, New York, NY (Nao Terai of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Joyce Slevin of counsel), for respondent.

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 (DiMango, J.), rendered September 19, 2012.

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

The defendant has established his entitlement to the relief requested ( see People v Syville , 15 NY3d 391 [2010]). Eng, P.J., Chambers, Austin, Roman and Duffy, JJ., concur..