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People v. Smith

Supreme Court, Appellate Division, Second Department, New York.
Dec 30, 2015
134 A.D.3d 1137 (N.Y. App. Div. 2015)

Opinion

2013-02339 Ind. No. 1341-12.

12-30-2015

The PEOPLE, etc., respondent, v. Matthew R. SMITH, also known as Kasiin Ali Bey, appellant.

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


Matthew R. Smith, Bay Shore, N.Y., appellant pro se.

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

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

Opinion

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 A.D.3d 997, 10 N.Y.S.3d 447), 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 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).

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


Summaries of

People v. Smith

Supreme Court, Appellate Division, Second Department, New York.
Dec 30, 2015
134 A.D.3d 1137 (N.Y. App. Div. 2015)
Case details for

People v. Smith

Case Details

Full title:The PEOPLE, etc., respondent, v. Matthew R. SMITH, also known as Kasiin…

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Dec 30, 2015

Citations

134 A.D.3d 1137 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 9703
21 N.Y.S.3d 632