Opinion
08-02-2017
The PEOPLE, etc., respondent, v. Gamel CHERRY, appellant.
Gamel Cherry, Fallsburg, NY, appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Ann Bordley of counsel), for respondent.
Gamel Cherry, Fallsburg, NY, appellant pro se.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Ann Bordley of counsel), for respondent.
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 18, 2007 (People v. Cherry, 46 A.D.3d 834, 848 N.Y.S.2d 283 ), affirming a judgment of the Supreme Court, Kings County, rendered July 29, 2003.
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 ).
MASTRO, J.P., BALKIN, SGROI and DUFFY, JJ., concur.