People v. Clemente
This text of 2017 NY Slip Op 8680 (People v. Clemente) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Application by the defendant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, (1) a decision and order of this Court dated May 3, 2011 (People v Clemente, 84 AD3d 829 [2011]), affirming a judgment of the Supreme Court, Queens County, rendered April 30, 2008, and (2) a decision and order of this Court dated May 4, 2016 (People v Clemente, 139 AD3d 751 [2016]), denying branches of his application which were, inter alia, for a writ of error coram nobis to vacate a decision and order of this Court dated May 22, 1989 (People v Clemente, 150 AD2d 709 [1989]), which reversed an order of the Supreme Court, Queens County, dated March 22, 1988, dismissing the indictment on the ground that he had been deprived of his constitutional right to a speedy trial.
Ordered that the application is denied.
The defendant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]).
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Cite This Page — Counsel Stack
2017 NY Slip Op 8680, 156 A.D.3d 716, 64 N.Y.S.3d 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-clemente-nyappdiv-2017.