Opinion
06-07-2017
The PEOPLE, etc., respondent, v. Jason MARCELLE, appellant.
Jason Marcelle, Coxsackie, NY, appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, and Joyce Adolfson of counsel), for respondent.
Jason Marcelle, Coxsackie, NY, appellant pro se.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Jodi L. Mandel, and Joyce Adolfson 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 August 27, 2014 (People v. Marcelle, 120 A.D.3d 833, 991 N.Y.S.2d 658 ), affirming a judgment of the Supreme Court, Kings County, rendered April 17, 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 ).
MASTRO, J.P., DILLON, MILLER and MALTESE, JJ., concur.