Opinion
2009-10176 Ind. No. 2826/05.
12-16-2015
The PEOPLE, etc., respondent, v. Erwin JACKSON, appellant.
Erwin Jackson, Elmira, N.Y., appellant pro se. Madeline Singas, Acting District Attorney, Mineola, N.Y. (Ames C. Grawert of counsel), for respondent.
Erwin Jackson, Elmira, N.Y., appellant pro se.
Madeline Singas, Acting District Attorney, Mineola, N.Y. (Ames C. Grawert of counsel), for respondent.
Opinion
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 28, 2012 (People v. Jackson, 92 A.D.3d 958, 938 N.Y.S.2d 906), affirming a resentence of the County Court, Nassau County, imposed October 26, 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 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).
LEVENTHAL, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.