People v Franklin

People v Franklin 2012 NY Slip Op 06082 Decided on August 29, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 29, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
JEFFREY A. COHEN, JJ.
2012-00513
(Ind. No. 1421/76)

[*1]The People of the State of New York, respondent,

v

Gus Franklin, appellant.




Gus Franklin, Dannemora, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John
M. Castellano, Jeanette Lifschitz, and
John F. McGoldrick of counsel), for
respondent.
William E. Hellerstein, Garrison, N.Y., former appellate
counsel.


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 June 26, 1978 (People v Franklin, 63 AD2d 1124), affirming a judgment of the Supreme Court, Queens County, rendered July 20, 1977.

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; People v Stultz, 2 NY3d 277).
DILLON, J.P., FLORIO, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court