People v Benoit, 2024 NY Slip Op 04331 [230 AD3d 807]

August 28, 2024

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Kendel Benoit, Appellant.

Rosenberg Law Firm, Brooklyn, NY (Jonathan Rosenberg of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Marie John 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, rendered April 27, 2022.

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]). Connolly, J.P., Maltese, Dowling and Ventura, JJ..