People v. Perez-Olivo

2026 NY Slip Op 03457 (Supreme Court of the State of New York Appellate Division Second Judicial Department 2026) · Supreme Court of the State of New York, Appellate Division, Second Judicial Department · June 3, 2026 · No. 2008-11532

Summary

The Appellate Division, Second Department denied Carlos Perez-Olivo’s application for a writ of error coram nobis seeking to vacate a prior decision on the ground of ineffective assistance of appellate counsel. The court held that the appellant failed to establish that he was denied effective assistance of appellate counsel.

Holdings

  1. The appellant was not entitled to coram nobis relief because he failed to establish that he was denied the effective assistance of appellate counsel.

Questions Presented

  1. Whether the appellant established that he was denied the effective assistance of appellate counsel and was therefore entitled to a writ of error coram nobis vacating the prior appellate decision.

Disposition

writ_denied

Cases Cited (3)

  • People v Perez-Olivo, 127 AD3d 1110(followed)
  • Jones v Barnes, 463 US 745(applied)
  • People v Stultz, 2 NY3d 277(applied)

Cited In (0)

No citing cases on record yet.

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