PEOPLE v. MILLER

Motion No. (55/07) KA 04-02539.

169 A.D.3d 1460 (2019)

91 N.Y.S.3d 736

2019 NY Slip Op 00811

The People of the State of New York, Respondent, v. Kyle E. Miller, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 1, 2019.


Motion for writ of error coram nobis granted. Memorandum: Defendant contends that he was denied effective assistance of appellate counsel because counsel failed to raise an issue on direct appeal, specifically, whether the adjudication under the Sex Offender Registration Act here was barred by res judicata. Upon our review of the motion papers, we conclude that counsel's representation was not constitutionally adequate. The order of February 2, 2007, is vacated and this Court...

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