People v. Gamble

People v Gamble (2017 NY Slip Op 04140)

People v Gamble

2017 NY Slip Op 04140

Decided on May 24, 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 May 24, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.

2013-04859
(Ind. No. 1967/11)

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

v

Javon Gamble, appellant.

Javon Gamble, Dannemora, NY, appellant pro se.

Madeline Singas, District Attorney, Mineola, NY (Jason R. Richards and Ilisa T. Fleischer of counsel), for respondent.

Joseph F. DeFelice, Kew Gardens, NY, 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 March 16, 2016 (People v Gamble, 137 AD3d 1053), affirming a judgment of the Supreme Court, Nassau County, rendered April 25, 2013.

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).

MASTRO, J.P., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court