People v. Maggio

Appellate Division of the Supreme Court of New York

People v. Maggio

15 A.D.3d 418, 788 N.Y.S.2d 863, 2005 N.Y. App. Div. LEXIS 1391

Appellate Division of the Supreme Court of the State of New York·Decided February 7, 2005·Published

Opinion

Application by the appellant for a writ of error coram nobis, in effect, to vacate, a judgment of the County Court, Westchester County, rendered [419]*419March 31, 1998, so that he may be resentenced nunc pro tunc and file a notice of appeal, on the ground that his attorney failed to file a notice of appeal.

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 [1983]; People v Stultz, 2 NY3d 277 [2004]; People v Bachert, 69 NY2d 593 [1987]; People v Montgomery, 24 NY2d 130 [1969]). Florio, J.E, H. Miller, Ritter and Santucci, JJ., concur.

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Application by the appellant for a writ of error coram nobis, in effect, to vacate, a judgment of the County Court, Westchester County, rendered [419]*419March 31, 1998, so that he may be resentenced nunc pro tunc and file a notice of appeal, on the ground that his attorney failed to file a notice of appeal.

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 [1983]; People v Stultz, 2 NY3d 277 [2004]; People v Bachert, 69 NY2d 593 [1987]; People v Montgomery, 24 NY2d 130 [1969]). Florio, J.E, H. Miller, Ritter and Santucci, JJ., concur.

People v. Maggio, 15 A.D.3d 418, 788 N.Y.S.2d 863, 2005 N.Y. App. Div. LEXIS 1391 (N.Y. Ct. App. 2005).

Pincite

15 A.D.3d 418 (People v. Maggio) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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