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People v. Estela

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


July 7, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
GILBERT ESTELA, APPELLANT.

Application by the appellant for a writ of error coram nobis, in effect, to vacate a judgment of the Supreme Court, Kings County, rendered October 1, 2007, 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.

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., PETER B. SKELOS, MARK C. DILLON and RANDALL T. ENG, JJ.

(Ind. No. 4527/06)

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; People v Bachert, 69 NY2d 593; People v Montgomery, 24 NY2d 130).

PRUDENTI, P.J., SKELOS, DILLON and ENG, JJ., concur.

20090707

© 1992-2009 VersusLaw Inc.



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