Legal Opinion

People v. Kelly

Appellate Division of the Supreme Court of the State of New York

Decided September 25, 2013Published

1Opinion of the Court

— 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 December 8, 2009 (People v Kelly, 68 AD3d 895 [2009]), affirming a judgment of the Supreme Court, Kings County, rendered September 26, 2006.

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 [1983]; People v Stultz, 2 NY3d 277 [2004]). Eng, EJ., Skelos, Dickerson and Austin, JJ., concur.

2Cases cited3 opinions

  1. Jones v. BarnesSupreme Court of the United States · 1983
  2. People v. StultzNew York Court of Appeals · 2004
  3. People v. KellyAppellate Division of the Supreme Court of the State of New York · 2009