People v. Perich

Appellate Division of the Supreme Court of New York

People v. Perich

15 A.D.3d 505, 789 N.Y.S.2d 435, 2005 N.Y. App. Div. LEXIS 1606

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 14, 2005

StatusPublished

This text of 15 A.D.3d 505 (People v. Perich) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Perich, 15 A.D.3d 505, 789 N.Y.S.2d 435, 2005 N.Y. App. Div. LEXIS 1606 (N.Y. Ct. App. 2005).

Pincite

Opinion

Application by the appellant for a writ of error coram nobis, in effect, to vacate (1) a judgment of the Supreme Court, Queens County, rendered January 31, 2002, and (2) an execution of sentence of the same court dated May 14, 2002, so that he may be resentenced nunc pro tunc and file a notice of appeal, on the ground, inter alia, that his attorney failed to file a timely notice of appeal from the judgment of conviction. Justice Luciano has been substituted for the late Justice Altman (see 22 NYCRR 670.1 [c]).

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]). Prudenti, EJ., Ritter, Santucci and Luciano, JJ., concur.

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Application by the appellant for a writ of error coram nobis, in effect, to vacate (1) a judgment of the Supreme Court, Queens County, rendered January 31, 2002, and (2) an execution of sentence of the same court dated May 14, 2002, so that he may be resentenced nunc pro tunc and file a notice of appeal, on the ground, inter alia, that his attorney failed to file a timely notice of appeal from the judgment of conviction. Justice Luciano has been substituted for the late Justice Altman (see 22 NYCRR 670.1 [c]).

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]). Prudenti, EJ., Ritter, Santucci and Luciano, JJ., concur.

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Bluebook (online)

15 A.D.3d 505, 789 N.Y.S.2d 435, 2005 N.Y. App. Div. LEXIS 1606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-perich-nyappdiv-2005.

Opinion

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