People v. Jean

Full title: The People of the State of New York, respondent, v. Herby Jean, appellant.

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

Date published: Mar 15, 2017

2017 N.Y. Slip Op. 1887 (N.Y. App. Div. 2017)

Opinion

2014-01409

03-15-2017

The People of the State of New York, respondent, v. Herby Jean, appellant.

Herby Jean, Malone, NY, appellant pro se. Madeline Singas, District Attorney, Mineola, NY (Cristin N. Connell and Pamela Kelly-Pincus of counsel), for respondent. Martin Goldberg, Franklin Square, NY, former appellate counsel.

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL LEONARD B. AUSTIN HECTOR D. LASALLE, JJ. (Ind. No. 2099/11)

Herby Jean, Malone, NY, appellant pro se.

Madeline Singas, District Attorney, Mineola, NY (Cristin N. Connell and Pamela Kelly-Pincus of counsel), for respondent.

Martin Goldberg, Franklin Square, NY, 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 July 1, 2015 (People v Jean, 130 AD3d 649), affirming a judgment of the Supreme Court, Nassau County, rendered January 28, 2014.

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).

RIVERA, J.P., HALL, AUSTIN and LASALLE, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court