People v Jackson

People v Jackson 2014 NY Slip Op 01768 Decided on March 19, 2014 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 March 19, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
JOHN M. LEVENTHAL, JJ.
2008-07751
(Ind. No. 2826/05)

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

v

Erwin Jackson, appellant.




Erwin Jackson, Elmira, N.Y., appellant pro se.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Ames C.
Grawert of counsel), for respondent.
Joseph DeFelice, Kew Gardens, N.Y., former appellate counsel.


DECISION & ORDER

Application by the defendant 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 September 15, 2009 (People v Jackson, 92 AD3d 958), affirming a judgment of the County Court, Nassau County, rendered July 30, 2008.

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).
SKELOS, J.P., BALKIN, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court