People v. Nelson ( 2023 )

People v Nelson (2023 NY Slip Op 06058)

People v Nelson

2023 NY Slip Op 06058

Decided on November 22, 2023

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 November 22, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
CHERYL E. CHAMBERS
LINDA CHRISTOPHER
JANICE A. TAYLOR, JJ.

2006-05893
(Ind. No. 5127/04)

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

v

Racca Nelson, appellant.

Racca Nelson, Stormville, NY, appellant pro se.

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

Patricia Pazner, New York, NY (De Nice Powell 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 December 11, 2013 (People v Nelson, 112 AD3d 744), determining an appeal from a judgment of the Supreme Court, Kings County, rendered June 1, 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; People v Stultz, 2 NY3d 277).

DUFFY, J.P., CHAMBERS, CHRISTOPHER and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court