People v Darling

People v Darling 2013 NY Slip Op 05640 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
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
2013-04328
(Ind. No. 215/96)

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

v

Keith Darling, defendant.




Keith Darling, Butner, N.C., defendant pro se.
Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y.
(Morrie I. Kleinbart of counsel), for
plaintiff.
Application by the defendant for a writ of error coram nobis
to vacate, on the ground


DECISION & ORDER
of ineffective assistance of counsel, a judgment of the Supreme Court, Richmond County (Rienzi, J.), rendered September 29, 1997.

ORDERED that the application is dismissed.

No application lies in this Court for a writ of error coram nobis to vacate a judgment of conviction on the ground that the defendant received ineffective assistance of counsel before the judgment was rendered (see People v Gordon, 183 AD2d 915, 915; cf. People v Syville, 15 NY3d 391, 400-401; People v Bachert, 69 NY2d 593, 596-600). Since the relief sought by the defendant may not be obtained in this Court (cf. CPL 440.10), the defendant's application must be dismissed.
RIVERA, J.P., BALKIN, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court