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PEOPLE v. BORRELL

12 N.Y.3d 365 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent-Appellant, v. JULIO BORRELL, Also Known as JULIO CESAR BORRELL, Appellant-Respondent.

Court of Appeals of New York.

Decided May 5, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Robert C. Newman, William D. Gibney and Steven Banks of counsel), for appellant-respondent.

Richard A. Brown, District Attorney, Kew Gardens (Edward D. Saslaw and Gary Fidel of counsel), for respondent-appellant.

Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur with Chief Judge LIPPMAN; Judge PIGOTT dissents and votes to affirm on the People's appeal and reverse and remit to the Appellate Division on the defendant's appeal in a separate opinion.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Before us, by leave of a Judge of this Court, are appeals from an Appellate Division order granting defendant's petition for a writ of error coram nobis. The petition alleges that defendant, on consolidated appeals from two judgments convicting him of robbery and related crimes, was not afforded effective assistance of counsel. Although the Appellate Division made no express finding as to the manner in which defendant...

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