People v. Smith

• Decision Date: 17 November 1997
• Citation: 665 N.Y.S.2d 919,244 A.D.2d 515
• Parties: 1997 N.Y. Slip Op. 9692 The PEOPLE, etc., Respondent, v. Kevin SMITH, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 919

665 N.Y.S.2d 919

1997 N.Y. Slip Op. 9692

The PEOPLE, etc., Respondent, v. Kevin SMITH, Appellant.

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

Nov. 17, 1997.

Robert J. Boyle, New York City, for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Jodi L. Mandel, 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 December 24, 1990 (People v. Smith, 168 A.D.2d 653, 563 N.Y.S.2d 483), affirming a judgment of the Supreme Court, Kings County, rendered October 15, 1987.

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).

BRACKEN, J.P., and ROSENBLATT, O'BRIEN and RITTER, JJ., concur.