People v Peters, 42 NY3d at 1050 (2024)

2024 NY Slip Op 05871 [42 NY3d 1050]
November 25, 2024
Court of Appeals

[*1]

In the Matter of The People of the State of New York, Respondent,
v
Tyrone Peters, Appellant.

Argued October 15, 2024; decided November 25, 2024

People v Peters, 198 AD3d 987, affirmed.

{**42 NY3d at 1050} OPINION OF THE COURT

Order affirmed. A Judge of this Court granted defendant leave to appeal from the Appellate Division’s denial of his coram nobis petition (39 NY3d 1112 [2023]). Counsel does not present any claim raised below and thus raises no reviewable issues on appeal. Defendant is not precluded from filing another coram nobis application at the Appellate Division raising the ineffectiveness of his appellate counsel on his direct appeal of the judgment of conviction and sentence (see People v D’Alessandro, 13 NY3d 216, 220-221 [2009]), nor is he precluded from filing a coram nobis application on any new grounds not previously raised before the Appellate Division.

Concur: Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan.