People
v.
Stuart

Supreme Court, Appellate Division, Second Department, New York.Oct 11, 2017
61 N.Y.S.3d 506 (N.Y. App. Div. 2017)

10-11-2017

The PEOPLE, etc., respondent, v. Dane STUART, also known as Duane Stuart, appellant.

Dane Stuart, also known as Duane Stuart, Stormville, NY, appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Morgan J. Dennehy, and Arieh Schulman of counsel), for respondent. Paul Skip Laisure, New York, NY (Joshua M. Levine of counsel), former appellate counsel.


Dane Stuart, also known as Duane Stuart, Stormville, NY, appellant pro se.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Morgan J. Dennehy, and Arieh Schulman of counsel), for respondent.

Paul Skip Laisure, New York, NY (Joshua M. Levine of counsel), former appellate counsel.

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 23, 2016 ( People v. Stuart, 137 A.D.3d 1171, 26 N.Y.S.3d 878 ), affirming a judgment of the Supreme Court, Kings County, rendered May 28, 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 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987 ; People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883 ).

LEVENTHAL, J.P., ROMAN, MALTESE and CHRISTOPHER, JJ., concur.