August 14, 2013
The People of the State of New York, plaintiff,
Keith Darling, defendant. Ind. No. 215/96
Application by the defendant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of counsel, a judgment of the Supreme Court, Richmond County (Rienzi, J.), rendered September 29, 1997.
Keith Darling, Butner, N.C. , defendant pro se.
Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for plaintiff.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, PLUMMER E. LOTT, SANDRA L. SGROI, JJ.
DECISION & ORDER
ORDERED that the application is dismissed.
No application lies in this Court for a writ of error coram nobis to vacate a judgment of conviction on the ground that the defendant received ineffective assistance of counsel before the judgment was rendered (see People v Gordon, 183 A.D.2d 915, 915; cf. People v Syville, 15 N.Y.3d 391, 400-401; People v Bachert, 69 N.Y.2d 593, 596-600). Since the relief sought by the defendant may not be obtained in this Court (cf. CPL 440.10), the defendant's application must be dismissed.
RIVERA, J.P., BALKIN, LOTT and SGROI, JJ., concur.