People v. Prescott

Appeal from a judgment of the Supreme Court, Erie County (Russell P. Buscaglia, A. J.), rendered March 7, 2005, which was affirmed by memorandum and order of this Court dated October 2, 2009 (66 AD3d 1357 [2009]). By order entered September 30, 2011 (87 AD3d 1413), this Court denied defendant’s application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, the memorandum and order of this Court dated October 2, 2009. In an order dated May 7, 2013, the Court of Appeals reversed the order of this Court dated September 30, 2011, granted…