People v. Kiarie

2025 NY Slip Op 04663
Appellate Division of the Supreme Court of the State of New York·Decided August 13, 2025·No. Ind. No. 14-00779·Published

Opinion

People v Kiarie (2025 NY Slip Op 04663)

People v Kiarie
2025 NY Slip Op 04663
Decided on August 13, 2025
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 13, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
ANGELA G. IANNACCI
LINDA CHRISTOPHER
PAUL WOOTEN, JJ.

2016-00430
(Ind. No. 14-00779)

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

v

Kamau Kiarie, appellant.


Kamau Kiarie, Stormville, NY, appellant pro se.

Susan Cacace, District Attorney, White Plains, NY (Raffaelina Gianfrancesco 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 October 13, 2021 (People v Kiarie, 198 AD3d 814), affirming a judgment of the Supreme Court, Westchester County, rendered December 2, 2015.

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., IANNACCI, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court



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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. Kiarie
2021 NY Slip Op 05588 (Appellate Division of the Supreme Court of New York, 2021)