People v Pena-Torres, 2023 NY Slip Op 06059 [221 AD3d 914]

November 22, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Jose D. Pena-Torres, Appellant.

Patricia Pazner, New York, NY (Maya McDonnell of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, William H. Branigan, and Ronald Eniclerico 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, Queens County, rendered February 5, 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]). Brathwaite Nelson, J.P., Miller, Genovesi and Wan, JJ., concur..