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People v. Benjamin

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 13, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
IVAN BENJAMIN, A/K/A IRVIN BENJAMIN, APPELLANT.

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 December 22, 2003 (People v Benjamin, 2 NY3d 737), affirming a judgment of the Supreme Court, Queens County, rendered July 11, 2002.

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.

A. GAIL PRUDENTI, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA & HOWARD MILLER, JJ.

(Ind. No. 4081/01)

DECISION & ORDER

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).

PRUDENTI, P.J., MASTRO, RIVERA and MILLER, JJ., concur.

20090113

© 1992-2009 VersusLaw Inc.



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