People v. Peters ( 2021 )

People v Peters (2021 NY Slip Op 05872)

People v Peters

2021 NY Slip Op 05872

Decided on October 27, 2021

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 27, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
VALERIE BRATHWAITE NELSON
DEBORAH A. DOWLING, JJ.

2004-06469
(Ind. No. 2573/03)

[*1]The People of the State of New York, respondent,

v

Tyrone Peters, appellant.

Tyrone Peters, Dannemora, NY, appellant pro se.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Solomon Neubort of counsel), for respondent.

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 August 8, 2012 (People v Peters, 98 AD3d 587), affirming a judgment of the Supreme Court, Kings County, rendered July 23, 2004.

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; People v Stultz, 2 NY3d 277).

DILLON, J.P., AUSTIN, BRATHWAITE NELSON and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court