People v. Picariello , 22 N.Y.S.3d 885 ( 2016 )

People v Picariello (2016 NY Slip Op 00166)

People v Picariello

2016 NY Slip Op 00166

Decided on January 13, 2016

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 January 13, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
MARK C. DILLON
SHERI S. ROMAN
COLLEEN D. DUFFY, JJ.

2015-10347

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

v

Dean Picariello, defendant.

Clare J. Degnan, White Plains, NY (Salvatore A. Gaetani of counsel), for defendant.

DECISION & ORDER

Application by the defendant for a writ of error coram nobis seeking leave to file a late notice of appeal from an order of the Supreme Court, Westchester County, dated August 25, 2015.

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

The defendant has established his entitlement to the relief requested (see People v Syville, 15 NY3d 391).

RIVERA, J.P., DILLON, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court