Opinion
2013-01-16
The PEOPLE, etc., respondent, v. Johnathan JOHNSON, appellant.
Johnathan Johnson, Malone, N.Y., appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Rona I. Kugler of counsel), for respondent.
Johnathan Johnson, Malone, N.Y., appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Rona I. Kugler of counsel), for respondent.
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 30, 1990 ( People v. Johnson, 163 A.D.2d 613, 559 N.Y.S.2d 41), affirming a judgment of the Supreme Court, Queens County, rendered August 15, 1988.
ORDERED that the application is denied; and it is further,
ORDERED that on the Court's own motion, the appellant is precluded from filing any additional applications for a writ of error coram nobis without leave of this Court.
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).