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People v. Kelly

Supreme Court of New York, Second Department

June 19, 2013

The People of the State of New York, respondent,
v.
Courtney Kelly, appellant. Ind. No. 596/86

Courtney Kelly, Batavia, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Claibourne I. Henry of counsel), for respondent.

RANDALL T. ENG, P.J., WILLIAM F. MASTRO, RUTH C. BALKIN, JOHN M. LEVENTHAL, JJ.

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 November 27, 1989 (People v Kelly, 155 A.D.2d 692), affirming a judgment of the Supreme Court, Kings County, rendered May 19, 1987.

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 U.S. 745; People v Stultz, 2 N.Y.3d 277).

ENG, P.J., MASTRO, BALKIN and LEVENTHAL, JJ., concur.


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