People v McFarlane

People v McFarlane 2013 NY Slip Op 05644 Decided on August 14, 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 August 14, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
2010-07943
(Ind. No. 1969/08)

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

v

Jamel McFarlane, appellant.




Jamel McFarlane, Ossining, N.Y., appellant pro se.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Monica
M.C. Leiter 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, an order of the Court of Appeals dated January 22, 2013 (People v McFarlane, 20 NY3d 1013), denying his application for leave to appeal from a decision and order of this Court dated June 13, 2012 (People v McFarlane, 96 AD3d 879), affirming a judgment of the Supreme Court, Nassau County, rendered October 9, 2009.

ORDERED that the application is denied.

This Court does not have the authority to entertain the relief requested by the appellant (see People v Stultz, 2 NY3d 277, 281; People v Bachert, 69 NY2d 593, 599-600).
DILLON, J.P., CHAMBERS, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court