Opinion
2006–05893 Ind. No. 5127/04
11-22-2023
Racca Nelson, Stormville, NY, appellant pro se. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Keith Dolan, and Nicole Leibow of counsel), for respondent. Patricia Pazner, New York, NY (De Nice Powell of counsel), former appellate counsel.
Racca Nelson, Stormville, NY, appellant pro se.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Keith Dolan, and Nicole Leibow of counsel), for respondent.
Patricia Pazner, New York, NY (De Nice Powell of counsel), former appellate counsel.
COLLEEN D. DUFFY, J.P., CHERYL E. CHAMBERS, LINDA CHRISTOPHER, JANICE A. TAYLOR, JJ.
DECISION & ORDER 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 December 11, 2013 ( People v. Nelson, 112 A.D.3d 744, 976 N.Y.S.2d 224 ), determining an appeal from a judgment of the Supreme Court, Kings County, rendered June 1, 2006.
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 ).
DUFFY, J.P., CHAMBERS, CHRISTOPHER and TAYLOR, JJ., concur.