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People v. Mitchell

Supreme Court of New York, Second Department

September 25, 2013

The People of the State of New York, respondent,
v.
James Mitchell, appellant. Ind. No. 1632/76

James Mitchell, Malone, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.

MARK C. DILLON, J.P., DANIEL D. ANGIOLILLO, JOHN M. LEVENTHAL, PLUMMER E. LOTT, 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 January 27, 1986 (People v Mitchell, 116 A.D.2d 744), affirming a judgment of the Supreme Court, Kings County, rendered March 31, 1977.

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).

DILLON, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.


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