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People v. Prendergast

Appellate Division of the Supreme Court of New York, Second Department
Dec 26, 2007
46 A.D.3d 923 (N.Y. App. Div. 2007)

Opinion

Nos. 2003-00440, 2004-07391.

December 26, 2007.

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 March 7, 2006 ( People v Prendergast, 27 AD3d 487), affirming two judgments of the Supreme Court, Queens County, both rendered January 6, 2003.

John Prendergast, Coxsackie, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel), for respondent.

Before: Prudenti, P.J., Miller, Goldstein and Covello, JJ., concur.


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).


Summaries of

People v. Prendergast

Appellate Division of the Supreme Court of New York, Second Department
Dec 26, 2007
46 A.D.3d 923 (N.Y. App. Div. 2007)
Case details for

People v. Prendergast

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN PRENDERGAST…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 26, 2007

Citations

46 A.D.3d 923 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 10557
847 N.Y.S.2d 860

Citing Cases

People v. Prendergast

The People opposed the defendant's application. On December 26, 2007, the Appellate Division, Second…