People v. Smith

• Citation: 810 N.Y.S.2d 373,2006 NY Slip Op 01836,27 A.D.3d 588
• Decision Date: 14 March 2006
• Docket Number: 1992-07339.
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SMITH, Appellant.
• Court: New York Supreme Court Appellate Division

27 A.D.3d 588

810 N.Y.S.2d 373

2006 NY Slip Op 01836

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SMITH, Appellant.

1992-07339.

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 14, 2006.

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 24, 1997 (People v Smith, 236 AD2d 639 [1997]), affirming a judgment of the Supreme Court, Queens County, rendered October 5, 1992.

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 US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]).

Prudenti, P.J., Florio, Miller and Luciano, JJ., concur.