Michael Madison, Malone, N.Y., defendant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas Constant of counsel), for plaintiff.
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 County Court, Suffolk County, rendered September 13, 2010.
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 N.Y.3d 391, 912 N.Y.S.2d 477, 938 N.E.2d 910).
BALKIN, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.