Per Curiam.
Defendant contends on this application that he was denied effective assistance of appellate counsel upon the appeal from his judgment of conviction ( 115 A.D.2d 787). More specifically, defendant asserts that he was denied his constitutional right to proceed pro se in County Court (see, Faretta v. California, 422 U.S. 806; People v. Davis, 49 N.Y.2d 114; People v. McIntyre, 36 N.Y.2d 10) and that appellate counsel failed to raise this issue upon the appeal.
We agree that the issue concerning defendant's right to proceed pro se may have merit and should have been raised by appellate counsel (see, People v. Decker, 134 A.D.2d 726). Accordingly, the instant application for coram nobis relief should be granted, the order of this court entered December 16, 1985 affirming the judgment of conviction vacated, and defendant's appeal reinstated. Upon the reinstated appeal, defendant may raise the issue of whether he was denied his constitutional right to represent himself at trial.
Application granted, order entered December 16, 1985 vacated, and appeal from judgment of the County Court of Broome County rendered March 3, 1982 reinstated. Mahoney, P.J., Kane, Casey, Weiss and Mikoll, JJ., concur.