People v. Smith

Full title: The People of the State of New York, respondent, v. Matthew R. Smith, also…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Dec 30, 2015

2015 N.Y. Slip Op. 9703 (N.Y. App. Div. 2015)

Opinion

2013-02339

12-30-2015

The People of the State of New York, respondent, v. Matthew R. Smith, also known as Kasiin Ali Bey, appellant.

Matthew R. Smith, Bay Shore, NY, appellant pro se. Thomas J. Spota, District Attorney, Riverhead, NY (Lauren Tan of counsel), for respondent. Robert C. Mitchell, Riverhead, NY (Adrienne Wallace of counsel), former appellate counsel.

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN SYLVIA O. HINDS-RADIX BETSY BARROS, JJ. (Ind. No. 1341-12)

Matthew R. Smith, Bay Shore, NY, appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, NY (Lauren Tan of counsel), for respondent.

Robert C. Mitchell, Riverhead, NY (Adrienne Wallace of counsel), former appellate counsel.

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 June 17, 2015 (People v Smith, 129 AD3d 997), affirming a judgment of the Supreme Court, Suffolk County, rendered February 8, 2013.

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 US 745; People v Stultz, 2 NY3d 277).

RIVERA, J.P., COHEN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court