Opinion
09-27-2017
The PEOPLE, etc., respondent, v. Kenneth SMITH, appellant.
Kenneth Smith, Beacon, NY, appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Morgan J. Dennehy, and Julian Joiris of counsel), for respondent.
Kenneth Smith, Beacon, NY, appellant pro se.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Morgan J. Dennehy, and Julian Joiris of counsel), for respondent.
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 April 25, 1988 ( People v. Smith, 139 A.D.2d 783, 527 N.Y.S.2d 804 ), affirming a judgment of the Supreme Court, Kings County, rendered November 26, 1984.
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 ).
RIVERA, J.P., CHAMBERS, MILLER and BARROS, JJ., concur.