People v. Fama

Decision Date28 July 1997
Citation241 A.D.2d 555,663 N.Y.S.2d 992
Parties, 1997 N.Y. Slip Op. 7012 The PEOPLE, etc., Respondent, v. Joseph FAMA, Appellant.
CourtNew York Supreme Court — Appellate Division

Schapiro & Reich, Lindenhurst (Perry S. Reich, of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Roseann B. MacKechnie and Monique Ferrell, of counsel), for respondent.

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this court dated February 6, 1997 (People v. Fama, 212 A.D.2d 542, 622 N.Y.S.2d 732), affirming a judgment of the Supreme Court, Kings County, rendered June 11, 1990.

ORDERED that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see, Jones v. Barnes, 463 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987).

MANGANO, P.J., and BRACKEN, O'BRIEN and THOMPSON, JJ., concur.

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2 cases
  • Fama v. Commissioner of Correctional Services, 96 CV 4860(SJ).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • September 30, 1999
    ...the ground that petitioner "failed to establish that he was denied the effective assistance of appellate counsel." People v. Fama, 241 A.D.2d 555, 663 N.Y.S.2d 992 (1997). Shortly thereafter, petitioner requested by letter dated October 9, 1997, that this Court again hold his petition in ab......
  • Fama v. Comm'r of Correctional Serv.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • August 1, 2000
    ...any defenses based on possible non-exhaustion of claims. The Appellate Division denied the writ on July 28, 1997. People v. Fama, 663 N.Y.S.2d 992 (2d Dep't 1997). In addition, acting pro se, Fama wrote to the district court requesting that his habeas proceeding remain on the suspense calen......

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