Summary
This Appellate Division, Second Department decision addresses an appellant's pro se application for a writ of error coram nobis seeking to vacate a prior appellate order. The appellant claimed ineffective assistance of appellate counsel regarding a Rockland County Court judgment. The court denied the application, finding that the appellant failed to establish a denial of effective assistance under controlling precedent.
Topics
Practice areas
Questions Presented
- Whether the appellant was denied effective assistance of appellate counsel sufficient to warrant vacating the prior appellate decision.
Holdings
- The application is denied because the appellant failed to establish that he was denied the effective assistance of appellate counsel.
Key quotations
“The appellant has failed to establish that he was denied the effective assistance of appellate counsel.”
Factual background
Hector Chacon-Diaz was convicted in Rockland County Court. He contends that his appellate counsel was ineffective, seeking to vacate the appellate division's prior affirmation.
Procedural history
The Appellate Division previously affirmed a judgment of the Rockland County Court rendered March 27, 2019 (People v. Chacon-Diaz, 203 AD3d 846). The appellant now seeks vacatur on the ground of ineffective assistance of appellate counsel.