People v. Occhiuto ( 2021 )

People v Occhiuto (2021 NY Slip Op 06196)

People v Occhiuto

2021 NY Slip Op 06196

Decided on November 10, 2021

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 November 10, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.

2021-05547
(Ind. No. 4905/17)

[*1]The People of the State of New York, plaintiff,

v

Fred Occhiuto, defendant.

Patricia Pazner, New York, NY (Lynn W. L. Fahey of counsel), for defendant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, and Daniel Berman of counsel), for plaintiff.

DECISION & ORDER

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, Kings County (Ruth Shillingford, J.), rendered June 28, 2018.

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).

CHAMBERS, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court