People v. Jourdain

Full title: THE PEOPLE, ETC., respondent, v. LEANDRO JOURDAIN, appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 31, 2003

303 A.D.2d 766 (N.Y. App. Div. 2003)

757 N.Y.S.2d 464

Opinion

1999-10035

March 31, 2003.

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 April 29, 2002 (People v. Jourdain, 293 A.D.2d 759), affirming a judgment of the Supreme Court, Queens County, rendered October 6, 1999.

Leandro Jourdain, Ossining, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Noreen Healey of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), former appellate counsel.

Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, NANCY E. SMITH, ROBERT W. SCHMIDT, JJ.

DECISION ORDER

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).

SANTUCCI, J.P., FLORIO, SMITH and SCHMIDT, JJ., concur.