Opinion
09-14-2016
The PEOPLE, etc., respondent, v. Nicholas SMITH, appellant.
Nicholas Smith, Dannemora, N.Y., appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, and Joyce Adolfsen of counsel), for respondent. Lynn W.L. Fahey, New York, N.Y. (Dina Zloczower of counsel), former appellate counsel.
Nicholas Smith, Dannemora, N.Y., appellant pro se.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, and Joyce Adolfsen of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Dina Zloczower of counsel), former appellate counsel.
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 31, 2014 (People v. Smith, 123 A.D.3d 1148, 999 N.Y.S.2d 525 ), affirming a judgment of the Supreme Court, Kings County, rendered January 4, 2012.
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 ).
HALL, J.P., COHEN, HINDS–RADIX and LaSALLE, JJ., concur.