People v. Welcome , 153 A.D.3d 1436 ( 2017 )

People v Welcome (2017 NY Slip Op 06671)

People v Welcome

2017 NY Slip Op 06671

Decided on September 27, 2017

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 September 27, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
COLLEEN D. DUFFY, JJ.

2012-08249
(Ind. No. 1382/11)

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

v

Lester Welcome, appellant.

Lester Welcome, Wallkill, NY, appellant pro se.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Keith Dolan of counsel), for respondent.

Lynn W. L. Fahey, New York, NY (Leila Hull of counsel), former appellate counsel.

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 May 20, 2015 (People v Welcome, 128 AD3d 990), affirming a judgment of the Supreme Court, Kings County, rendered August 7, 2012.

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 NY3d 277).

RIVERA, J.P., ROMAN, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court