The People, etc., respondent, v. James Mitchell, appellant.

Reset A A Font size: Print

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

The People, etc., respondent, v. James Mitchell, appellant.

2013–04273 (Ind.No. 1632/76)

Decided: September 25, 2013

MARK C. DILLON, J.P. DANIEL D. ANGIOLILLO JOHN M. LEVENTHAL PLUMMER E. LOTT, JJ. James Mitchell, Malone, N.Y., appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy 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 January 27, 1986 (People v. Mitchell, 116 A.D.2d 744), affirming a judgment of the Supreme Court, Kings County, rendered March 31, 1977.

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;  People v. Stultz, 2 NY3d 277).

DILLON, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Copied to clipboard