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People v Hernandez, 2023 NY Slip Op 02795 [216 AD3d 1110]

May 24, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Emerson Hernandez, Appellant.

Twyla Carter, New York, NY (Natalie Maust of counsel), for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Glenn Green 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 County Court, Suffolk County (Fernando Camacho, J.), rendered September 21, 2020.

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]). Iannacci, J.P., Wooten, Warhit and Wan, JJ., concur..