People v. Petit

People v Petit (2019 NY Slip Op 08872)

People v Petit

2019 NY Slip Op 08872

Decided on December 11, 2019

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 11, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
LEONARD B. AUSTIN, J.P.
JEFFREY A. COHEN
COLLEEN D. DUFFY
ANGELA G. IANNACCI, JJ.
2019-09023
(Ind. No. 3/16)

Chilo Petit, Attica, NY, defendant pro se.

John M. Ryan, Acting District Attorney, White Plaints, NY (John M. Castellano, Johnnette Traill, Nancy Fitzpatrick Talcott, and Antara D. Kanth of counsel), for plaintiff.

DECISION & ORDER

Application by the defendant, in effect, 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 September 13, 2017.

ORDERED that the application is granted, and the defendant's notice of appeal is deemed to have been timely filed.

Under the circumstances of this case, the defendant has established his entitlement to the relief requested (see People v Syville, 15 NY3d 391).

AUSTIN, J.P., COHEN, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court