PEOPLE v. BROWN (2023)

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

The PEOPLE, etc., respondent, v. Josh BROWN, appellant.

2005–08366

Decided: May 31, 2023

MARK C. DILLON, J.P., JOSEPH J. MALTESE, CHERYL E. CHAMBERS, BARRY E. WARHIT, JJ.

Josh Brown, Comstock, NY, appellant pro se. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Ellen C. Abbot, and Danielle S. Fenn of counsel), for respondent. Patricia Pazner, New York, NY (David P. Greenberg of counsel), former appellate counsel.

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 6, 2008 (People v. Brown, 51 A.D.3d 685, 855 N.Y.S.2d 909), affirming a judgment of the Supreme Court, Queens County, rendered August 18, 2005.

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).

DILLON, J.P., MALTESE, CHAMBERS and WARHIT, JJ., concur.

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