Opinion
03-15-2017
The PEOPLE, etc., 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.
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.
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 A.D.3d 649, 10 N.Y.S.3d 886 ), 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 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 ).
RIVERA, J.P., HALL, AUSTIN and LaSALLE, JJ., concur.