AD4 order dated September 30, 2011, denying writ of error coram nobis. Decision on coram nobis: 87 A.D.3d 1413, 930 N.Y.S.2d 172. Smith, J., granted leave May 15, 2012.

ISSUE PRESENTED: Effectiveness of appellate counsel who also represented a co-defendant who pleaded guilty and testified against the defendant. (Assigned counsel on coram appeal: Thomas F. Gleason, Gleason, Dunn, Walsh & O’Shea, 40 Beaver Street, Albany, NY 12207.)

Ineffective assistance of appellate counsel - representation of co-defendant who testified against the defendant