People v. Gabbidon

• Citation: 67 N.Y.S.3d 500 (Mem)
• Decision Date: 31 January 2018
• Docket Number: 2015–00872,Ind. No. 121/13
• Parties: The PEOPLE, etc., respondent, v. Craig E. GABBIDON, appellant.
• Court: New York Supreme Court Appellate Division

157 A.D.3d 964

67 N.Y.S.3d 500 (Mem)

The PEOPLE, etc., respondent,

v.Craig E. GABBIDON, appellant.

2015–00872

Ind. No. 121/13

Supreme Court, Appellate Division, Second Department, New York.

January 31, 2018

Craig E. Gabbidon, Coxsackie, NY, appellant pro se.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

Del Atwell, East Hampton, NY, former appellate counsel.

WILLIAM F. MASTRO, J.P., L. PRISCILLA HALL, SANDRA L. SGROI, COLLEEN D. DUFFY, JJ.

DECISION & ORDER

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 December 2, 2015 ( People v. Gabbidon, 134 A.D.3d 736, 19 N.Y.S.3d 786 ), affirming a judgment of the County Court, Dutchess County, rendered December 23, 2014.

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 ; People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883 ).

MASTRO, J.P., HALL, SGROI and DUFFY, JJ., concur.