People v Mendoza, 2016 NY Slip Op 05933 [142 AD3d 719]

August 31, 2016

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Mark J. Mendoza, Appellant. (Matter No. 1.) The People of the State of New York, Respondent, v Mark Mendoza, Appellant. (Matter No. 2.)

Thomas T. Keating, Dobbs Ferry, NY, for appellant.

Robert Tendy, District Attorney, Carmel, NY (Melissa Lynch of counsel), for respondent in matter No. 1.

James A. McCarty, Acting District Attorney, White Plains, NY (Laurie Sapakoff of counsel), for respondent in matter No. 2.

Application by the defendant for a writ of error coram nobis seeking leave to file late notices of appeal from a judgment of the County Court, Putnam County, rendered October 29, 2013, and a judgment of the County Court, Westchester County, rendered December 19, 2013.

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

The defendant has established his entitlement to the relief requested ( see People v Syville , 15 NY3d 391 [2010]). Mastro, J.P., Leventhal, Maltese and Connolly, JJ., concur..