Lynn W.L. Fahey, New York, N.Y. (Benjamin S. Litman of counsel), for defendant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (William H. Branigan of counsel), for plaintiff.
Opinion
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, Queens County, rendered October 3, 2011.
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).
DICKERSON, J.P., HALL, ROMAN and SGROI, JJ., concur.