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People v. Jackson

Supreme Court of New York, Second Department

March 19, 2014

The People of the State of New York, respondent,
v.
Erwin Jackson, appellant. Ind. No. 2826/05

Erwin Jackson, Elmira, N.Y., appellant pro se.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Ames C. Grawert of counsel), for respondent.

Joseph F. DeFelice, Kew Gardens, N.Y., former appellate counsel.

JOHN M. LEVENTHAL, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, SHERI S. ROMAN, 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 February 28, 2012 (People v Jackson, 92 A.D.3d 958), affirming a resentence of the County Court, Nassau County, imposed October 26, 2009.

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).

LEVENTHAL, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.


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