People v. Smith

Motion for writ of error coram nobis to vacate decision and order of this Court in People v Smith (288 AD2d 629 [2001], lv denied 97 NY2d 733 [2002]).

Defendant contends on this motion that he was denied the effective assistance of appellate counsel upon the appeal from his judgment of conviction (288 AD2d 629 [2001], lv denied 97 NY2d 733 [2002]; see People v Bachert, 69 NY2d 593 [1987]). More specifically, defendant asserts that County Court failed to submit the charges of manslaughter in the second degree and vehicular manslaughter in the second degree to the jury in the alternative (see…