Opinion
07-26-2017
The PEOPLE, etc., respondent, v. Eugene GRAVES, appellant.
Eugene Graves, Romulus, NY, appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Sholom J. Twersky of counsel), for respondent. Lynn W.L. Fahey, New York, NY (David P. Greenberg of counsel), former appellate counsel.
Eugene Graves, Romulus, NY, appellant pro se.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (David P. Greenberg 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 August 10, 2016 (People v. Graves, 142 A.D.3d 559, 37 N.Y.S.3d 131 ), affirming a judgment of the Supreme Court, Kings County, rendered December 19, 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 ).
MASTRO, J.P., RIVERA, SGROI and MALTESE, JJ., concur.