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People v. Clemens

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 2001
289 A.D.2d 252 (N.Y. App. Div. 2001)

Opinion

1997-07610

December 3, 2001.

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 March 29, 1999 (People v. Clemens, 259 A.D.2d 758), affirming a judgment of the County Court, Orange County, rendered July 31, 1997.

James L. Clemens, Malone, N.Y., appellant pro se.

Francis D. Phillips II, District Attorney, Goshen, N Y (Andrew R. Kass of counsel), for respondent.

Verna W. Cobb, Tuxedo, N.Y., former appellate counsel.

Before: LAWRENCE J. BRACKEN, P.J., GLORIA GOLDSTEIN, LEO F. McGINITY, BARRY A. COZIER, JJ.


DECISION ORDER

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).

BRACKEN, P.J., GOLDSTEIN, McGINITY and COZIER, JJ., concur.


Summaries of

People v. Clemens

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 2001
289 A.D.2d 252 (N.Y. App. Div. 2001)
Case details for

People v. Clemens

Case Details

Full title:THE PEOPLE, etc., respondent, v. JAMES L. CLEMENS, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 3, 2001

Citations

289 A.D.2d 252 (N.Y. App. Div. 2001)
734 N.Y.S.2d 860