People v. Guzman

Full title: The People of the State of New York, respondent, v. Nelson Guzman, also…

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

Date published: Dec 27, 2017

2017 N.Y. Slip Op. 9161 (N.Y. App. Div. 2017)

Opinion

1999-11164

12-27-2017

The People of the State of New York, respondent, v. Nelson Guzman, also known as Baby, appellant.

Nelson Guzman, Wallkill, NY, appellant pro se. Emily Constant, Acting District Attorney, Riverhead, NY (Thomas C. Costello of counsel), for respondent. Laurette Mulry, Riverhead, NY (Felice B. Milani of counsel), former appellate counsel.

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA MARK C. DILLON CHERYL E. CHAMBERS, JJ. (Ind. No. 2206-98)

Nelson Guzman, Wallkill, NY, appellant pro se.

Emily Constant, Acting District Attorney, Riverhead, NY (Thomas C. Costello of counsel), for respondent.

Laurette Mulry, Riverhead, NY (Felice B. Milani 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 December 8, 2003 (People v Guzman, 2 AD3d 536), affirming a judgment of the County Court, Suffolk County, rendered November 4, 1999.

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).

MASTRO, J.P., RIVERA, DILLON and CHAMBERS, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court