Appellate Division of the Supreme Court of New York, 2005

People v. Maggio

People v. Maggio
Appellate Division of the Supreme Court of New York · Decided February 7, 2005
15 A.D.3d 418; 788 N.Y.S.2d 863; 2005 N.Y. App. Div. LEXIS 1391
People v. Maggio

Opinion of the Court

Application by the appellant for a writ of error coram nobis, in effect, to vacate, a judgment of the County Court, Westchester County, rendered *419March 31, 1998, so that he may be resentenced nunc pro tunc and file a notice of appeal, on the ground that his attorney failed to file a notice of appeal.

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 [1983]; People v Stultz, 2 NY3d 277 [2004]; People v Bachert, 69 NY2d 593 [1987]; People v Montgomery, 24 NY2d 130 [1969]). Florio, J.E, H. Miller, Ritter and Santucci, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.