People v. Smith

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

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

Date published: Dec 7, 2016

2016 N.Y. Slip Op. 8252 (N.Y. App. Div. 2016)

Opinion

1996-01856

12-07-2016

The People of the State of New York, respondent, v. Lavonne Smith, appellant.

Lavonne Smith, Wallkill, NY, appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Marie John-Drigo of counsel), for respondent. Lynn W. L. Fahey, New York, NY, former appellate counsel.

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS SHERI S. ROMAN VALERIE BRATHWAITE NELSON, JJ. (Ind. No. 14862/94)

Lavonne Smith, Wallkill, NY, appellant pro se.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Marie John-Drigo of counsel), for respondent.

Lynn W. L. Fahey, New York, NY, 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 December 4, 2007 (People v Smith, 46 AD3d 583), affirming a judgment of the Supreme Court, Kings County, rendered February 20, 1996.

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., CHAMBERS, ROMAN and BRATHWAITE NELSON, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court