People v Mighty

People v Mighty 2015 NY Slip Op 09122 Decided on December 9, 2015 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 December 9, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
MARK C. DILLON
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
2010-07775
2010-07777
(Ind. No. 2258/09)

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

v

Juan Mighty, appellant.

Juan Mighty, Napanoch, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnette Traill, Sharon Y. Brodt, and Ushir Pandit 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 September 11, 2013 (People v Mighty, 109 AD3d 841), dismissing an appeal from a judgment the Supreme Court, Queens County, rendered July 15, 2010, and modifying an amended judgment of the same court rendered July 28, 2010.

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).

ENG, P.J., DILLON, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court