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 affirmance of a Westchester County Supreme Court judgment. The appellant claimed ineffective assistance of appellate counsel. The court denied the application, finding that the appellant failed to establish a denial of effective assistance under applicable precedent.
Topics
Practice areas
Questions Presented
- Whether the appellant demonstrated ineffective assistance of appellate counsel sufficient to obtain a writ of error coram nobis.
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 (see Jones v. Barnes, 463 U.S. 745; People v. Stultz, 2 N.Y.3d 277).”
Factual background
Kamau Kiarie was convicted in Westchester County and appealed. The Appellate Division affirmed the conviction. Kiarie now alleges that his appellate counsel was ineffective and seeks to vacate the judgment.
Procedural history
The Westchester County Supreme Court entered a judgment on December 2, 2015. The Appellate Division, Second Department affirmed that judgment on October 13, 2021. The appellant now seeks relief on the ground of ineffective assistance of appellate counsel.