People v. Kinard

Motion for writ of coram nobis denied, without costs. Memorandum: Defendant seeks coram nobis relief in this court claiming that he was denied his constitutional right to effective assistance of appellate counsel on his direct appeal (People v Kinard, 67 AD2d 1111, lv denied 46 NY2d 944). At the outset, we must resolve the issue of whether this is the proper court to entertain defendant’s application. To date the Court of Appeals has expressed no view on this issue (see, People ex rel. Douglas v Vincent, 50 NY2d 901, 903). The Second Department in People v Ramos (108 AD2d 209) and the Third…