People v Marin, 2016 NY Slip Op 01201 [136 AD3d 944]

February 17, 2016

Appellate Division, Second Department

[*1]

The People of the State of New York, Plaintiff,

v

Maximo Marin, Defendant.

Lynn W.L. Fahey, New York, NY (Benjamin S. Litman of counsel), for defendant.

Richard A. Brown, District Attorney, Kew Gardens, NY (William H. Branigan 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, Queens County, rendered October 3, 2011.

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]). Dickerson, J.P., Hall, Roman and Sgroi, JJ., concur..