People v Johnson

People v Johnson 2013 NY Slip Op 00229 Decided on January 16, 2013 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 January 16, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
1994-06821
(Ind. No. 5908/87)

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

v

Johnathan Johnson, appellant.




Johnathan Johnson, Malone, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John
M. Castellano, Sharon Y. Brodt, and
Rona I. Kugler of counsel), for
respondent.


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 July 30, 1990 (People v Johnson, 163 AD2d 613), affirming a judgment of the Supreme Court, Queens County, rendered August 15, 1988.

ORDERED that the application is denied; and it is further,

ORDERED that on the Court's own motion, the appellant is precluded from filing any additional applications for a writ of error coram nobis without leave of this Court.

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).
MASTRO, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court