People v. Terry

Motion for writ of error coram nobis granted and order entered December 30, 1992 vacated. Memorandum: Defendant contends that he was denied effective assistance of appellate counsel because counsel failed to raise an issue on direct appeal that would have resulted in reversal, specifically, whether defendant was present during the Sandoval conference. Upon our review of the trial court proceedings, we conclude that the issue may have merit. Therefore, the order of December 30, 1992 is vacated and this Court will consider the appeal de novo (see, People v Vasquez, 70 NY2d 1; People v LeFrois,…