People v. Gillespie

2020 NY Slip Op 04763, 186 A.D.3d 853, 127 N.Y.S.3d 351
Appellate Division of the Supreme Court of the State of New York·Decided August 26, 2020·No. Ind. No. 2468/09·Published

Opinion

People v Gillespie (2020 NY Slip Op 04763)
People v Gillespie
2020 NY Slip Op 04763
Decided on August 26, 2020
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on August 26, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.

2010-10030
(Ind. No. 2468/09)

[*1]The People of the State of New York, respondent,

v

James Gillespie, appellant.


James Gillespie, Comstock, NY, appellant pro se.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, and Mariana Zelig of counsel), for respondent.

Paul Skip Laisure, New York, NY (De Nice Powell 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 July 18, 2012 (People v Gillespie, 97 AD3d 763), affirming a judgment of the Supreme Court, Queens County, rendered September 23, 2010.

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 US 745; People v Stultz, 2 NY3d 277).

DILLON, J.P., LEVENTHAL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court



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People v. Gillespie, 2020 NY Slip Op 04763, 186 A.D.3d 853, 127 N.Y.S.3d 351 (N.Y. Ct. App. 2020).

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Related

Jones v. Barnes
463 U.S. 745 (Supreme Court, 1983)
People v. Stultz
810 N.E.2d 883 (New York Court of Appeals, 2004)
People v. Gillespie
97 A.D.3d 763 (Appellate Division of the Supreme Court of New York, 2012)