PEOPLE v. JOHNSON (2023)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Michael JOHNSON, appellant.

2011–10107, 2011–10113

Decided: November 15, 2023

Michael Johnson, Stormville, NY, appellant pro se. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel), for respondent.

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 May 18, 2016 (People v. Johnson, 139 A.D.3d 967, 34 N.Y.S.3d 62), affirming a judgment of the Supreme Court, Queens County, rendered October 12, 2011, and an amended judgment of the same court rendered October 17, 2011.

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).

BRATHWAITE NELSON, J.P., MALTESE, FORD and LANDICINO, JJ., concur.

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