People v. McFadden

2018 NY Slip Op 4000

Opinion

People v McFadden (2018 NY Slip Op 04000)

People v McFadden

2018 NY Slip Op 04000

Decided on June 6, 2018

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 June 6, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.

1995-08652
(Ind. No. 94-00247)

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

v

Reginald McFadden, appellant.

Reginald McFadden, Attica, NY, appellant pro se.

Thomas P. Zugibe, District Attorney, New City, NY (Carrie A. Ciganek of counsel), for respondent.

Anthony N. Iannarelli, Jr., New York, NY, 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 May 3, 1999 (People v McFadden, 261 AD2d 417), determining an appeal from a judgment of the County Court, Rockland County, rendered September 7, 1995.

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).

BALKIN, J.P., LEVENTHAL, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court