People v. Peoples

Appellate Division of the Supreme Court of New York

People v. Peoples

44 A.D.3d 798, 842 N.Y.S.2d 737

Procedural entryThis page is a short order in People v. Peoples. Read the opinion of the Court — 34 A.D.3d 503 →

Appellate Division of the Supreme Court of the State of New York·Decided October 9, 2007·Published

Opinion

Application by the defendant for a writ of error coram nobis, in effect, to vacate a judgment of the Supreme Court, Queens County, rendered January 27, 2005, 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 defendant has failed to establish that he was denied the effective assistance of 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]). Prudenti, P.J., Miller, Spolzino and Lifson, JJ., concur.

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Application by the defendant for a writ of error coram nobis, in effect, to vacate a judgment of the Supreme Court, Queens County, rendered January 27, 2005, 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 defendant has failed to establish that he was denied the effective assistance of 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]). Prudenti, P.J., Miller, Spolzino and Lifson, JJ., concur.

People v. Peoples, 44 A.D.3d 798, 842 N.Y.S.2d 737 (N.Y. Ct. App. 2007).

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Opinion

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