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People v. Wingate

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 3, 2021
191 A.D.3d 708 (N.Y. App. Div. 2021)

Opinion

2015–05474 Ind. No. 186/14

02-03-2021

The PEOPLE, etc., respondent, v. Blake WINGATE, appellant.

Blake Wingate, Auburn, NY, appellant pro se. Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill, Sharon Y. Brodt, and Aurora Alvarez–Calderon of counsel), for respondent.


Blake Wingate, Auburn, NY, appellant pro se.

Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill, Sharon Y. Brodt, and Aurora Alvarez–Calderon of counsel), for respondent.

LEONARD B. AUSTIN, J.P., ROBERT J. MILLER, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, 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 June 17, 2020 ( People v. Wingate, 184 A.D.3d 738, 125 N.Y.S.3d 724 ), determining an appeal from a judgment of the Supreme Court, Queens County, rendered June 16, 2015.

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 ).

AUSTIN, J.P., MILLER, CONNOLLY and BRATHWAITE NELSON, JJ., concur.


Summaries of

People v. Wingate

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 3, 2021
191 A.D.3d 708 (N.Y. App. Div. 2021)
Case details for

People v. Wingate

Case Details

Full title:The People of the State of New York, respondent, v. Blake Wingate…

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

Date published: Feb 3, 2021

Citations

191 A.D.3d 708 (N.Y. App. Div. 2021)
191 A.D.3d 708
2021 N.Y. Slip Op. 580