Opinion
12-07-2016
The PEOPLE, etc., respondent, v. Lavonne SMITH, appellant.
Lavonne Smith, Wallkill, NY, appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Marie John–Drigo of counsel), for respondent. Lynn W.L. Fahey, New York, NY, former appellate counsel.
Lavonne Smith, Wallkill, NY, appellant pro se.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Marie John–Drigo of counsel), for respondent.Lynn W.L. Fahey, New York, NY, former appellate counsel.
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 December 4, 2007 (People v. Smith, 46 A.D.3d 583, 845 N.Y.S.2d 914 ), affirming a judgment of the Supreme Court, Kings County, rendered February 20, 1996.
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 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987 ; People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883 ).
RIVERA, J.P., CHAMBERS, ROMAN and BRATHWAITE NELSON, JJ., concur.