People v Jackson

People v Jackson 2014 NY Slip Op 01769 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
JOHN M. LEVENTHAL, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
2009-10176
(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 F. DeFelice, Kew Gardens, 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 February 28, 2012 (People v Jackson, 92 AD3d 958), affirming a resentence of the County Court, Nassau County, imposed October 26, 2009.

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).
LEVENTHAL, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court