People v. Brown

People v Brown (2023 NY Slip Op 02889)
People v Brown
2023 NY Slip Op 02889
Decided on May 31, 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 May 31, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
JOSEPH J. MALTESE
CHERYL E. CHAMBERS
BARRY E. WARHIT, JJ.

2005-08366
(Ind. No. 2349/04)

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

v

Josh Brown, appellant.




Josh Brown, Comstock, NY, appellant pro se.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Ellen C. Abbot, and Danielle S. Fenn of counsel), for respondent.

Patricia Pazner, New York, NY (David P. Greenberg 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 6, 2008 (People v Brown, 51 AD3d 685), affirming a judgment of the Supreme Court, Queens County, rendered August 18, 2005.

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., MALTESE, CHAMBERS and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court