People v. Hurdle

Full title: The People of the State of New York, respondent, v. Walter Hurdle…

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

Date published: Jan 20, 2016

2016 N.Y. Slip Op. 379 (N.Y. App. Div. 2016)

Opinion

2009-09239

01-20-2016

The People of the State of New York, respondent, v. Walter Hurdle, appellant.

Walter Hurdle, Brooklyn, NY, appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano and Daniel Bresnahan of counsel), for respondent. Lynn W. L. Fahey, New York, NY (Barry Stendig of counsel), former appellate counsel.

JOHN M. LEVENTHAL, J.P.

CHERYL E. CHAMBERS SANDRA L. SGROI BETSY BARROS, JJ. (Ind. No. 2189/07)

Walter Hurdle, Brooklyn, NY, appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano and Daniel Bresnahan of counsel), for respondent.

Lynn W. L. Fahey, New York, NY (Barry Stendig 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 May 29, 2013 (People v Hurdle, 106 AD3d 1100), determining an appeal from a judgment of the Supreme Court, Queens County, rendered September 8, 2009.

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).

LEVENTHAL, J.P., CHAMBERS, SGROI and BARROS, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court