People v. Wellington

• Court: New York Supreme Court Appellate Division
• Citation: 13 N.Y.S.3d 840 (Mem),130 A.D.3d 1086,2015 N.Y. Slip Op. 06377
• Parties: The PEOPLE, etc., respondent, v. Eric WELLINGTON, appellant.
• Decision Date: 29 July 2015

130 A.D.3d 1086
13 N.Y.S.3d 840 (Mem)
2015 N.Y. Slip Op. 06377

The PEOPLE, etc., respondent
v.
Eric WELLINGTON, appellant.

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

July 29, 2015.

Eric Wellington, Ossining, N.Y., appellant pro se.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.

Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), former appellate counsel.

Opinion

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 May 10, 2011 (People v. Wellington, 84 A.D.3d 984, 923 N.Y.S.2d 581 ), affirming a judgment of the Supreme Court, Kings County, rendered January 9, 2009.

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 ).

ENG, P.J., DILLON, BALKIN and AUSTIN, JJ., concur.