People v. Gibson

Full title: The People of the State of New York, respondent, v. Dana Gibson, appellant.

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Aug 9, 2017

2017 N.Y. Slip Op. 6083 (N.Y. App. Div. 2017)

Opinion

2005-05320

08-09-2017

The People of the State of New York, respondent, v. Dana Gibson, appellant.

Dana Gibson, Malone, NY, appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Keith Dolan of counsel), for respondent. Lynn W. L. Fahey, New York, NY (Erica Horwitz of counsel), former appellate counsel.

RUTH C. BALKIN, J.P.

ROBERT J. MILLER JOSEPH J. MALTESE FRANCESCA E. CONNOLLY, JJ. (Ind. No. 1263/04)

Dana Gibson, Malone, NY, appellant pro se.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Keith Dolan of counsel), for respondent.

Lynn W. L. Fahey, New York, NY (Erica Horwitz of counsel), 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 27, 2007 (People v Gibson, 37 AD3d 851), affirming a judgment of the Supreme Court, Kings County, rendered May 19, 2005.

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).

BALKIN, J.P., MILLER, MALTESE and CONNOLLY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court