People v. Moss

Full title: THE PEOPLE, ETC., respondent, v. BERNARD MOSS, a/k/a JOHN SMITH, appellant

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

Date published: Nov 17, 2003

1 A.D.3d 532 (N.Y. App. Div. 2003)

767 N.Y.S.2d 243

Opinion

1998-06324

November 17, 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 2, 2001 ( People v. Moss, 282 A.D.2d 475), affirming a judgment of the Supreme Court, Kings County, rendered June 16, 1998.

Damond J. Carter, Albany, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum of counsel), for respondent.

Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, NANCY E. SMITH, GLORIA GOLDSTEIN, 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).

PRUDENTI, P.J., RITTER, SMITH and GOLDSTEIN, JJ., concur.