PEOPLE v. JEMMOTT (2025)

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 on motion of this Court dated June 8, 2022, denying the appellant's application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated April 26, 2022.

ORDERED that the application is denied.

The application for a writ of error coram nobis must be denied as there is no constitutional right to counsel on a discretionary application for leave to appeal from an order denying a motion pursuant to CPL 440 (see generally People v. Maloy, 204 A.D.3d 1090, 1091, 166 N.Y.S.3d 736), and “in the absence of a violation of a constitutional right, coram nobis does not lie” (People v. Grimes, 32 N.Y.3d 302, 309, 91 N.Y.S.3d 315, 115 N.E.3d 587;  see generally People v. Andrews, 23 N.Y.3d 605, 616, 993 N.Y.S.2d 236, 17 N.E.3d 491).

IANNACCI, J.P., WOOTEN, WARHIT and LANDICINO, JJ., concur.