Summary
This New York Appellate Division decision addresses an appellant's pro se application for a writ of error coram nobis seeking to vacate a prior affirmance of his criminal conviction. The court denied the application, finding that the appellant failed to demonstrate ineffective assistance of appellate counsel. The decision cites controlling precedent regarding the scope of appellate counsel's duties.
Court
Appellate Division, Second Judicial Department
Writing for the Court
LARA J. GENOVESI, J.P.; ROBERT J. MILLER; WILLIAM G. FORD; LOURDES M. VENTURA, JJ.
Jurisdiction
New York
Decision date
July 30, 2025
Docket number
Ind. No. 2727/03
Procedural posture
Application for a writ of error coram nobis to vacate the Appellate Division's February 19, 2008 decision affirming a judgment of the Supreme Court, Queens County.
Precedential value
published
Parties
Malik Ramsey v. People of the State of New York
Disposition
writ_denied
Topics
ineffective assistance
Practice areas
criminal procedure
Questions Presented
- Whether the appellant demonstrated ineffective assistance of appellate counsel sufficient to vacate the prior judgment.
Holdings
- The application is denied; 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
Malik Ramsey was convicted in Queens County and appealed. He later filed a pro se application for a writ of error coram nobis alleging that his appellate counsel was ineffective.
Procedural history
The Appellate Division previously affirmed the conviction; the appellant now seeks vacatur on the ground of ineffective assistance of appellate counsel.
Court Document
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