People v. Hernandez

Application by the appellant for a writ of error coram nobis to vacate a decision and order of this Court dated February 1, 1993 (People v Hernandez, 190 AD2d 688), affirming a judgment of the Supreme Court, Queens County, rendered October 2, 1989, on the ground of ineffective assistance of appellate counsel. By decision and order of this Court dated September 11, 1997, the application was held in abeyance and the appellant was granted leave to serve and file a brief on the issue of the Trial Justice’s absence from the courtroom while certain testimony was being read back to the jury. The…