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191 A.D.3d 708

People v. Wingate

Appellate Division of the Supreme Court of the State of New York · decided 2021-02-03

Applies NY JUD § 431

Decided 2021-02-03

People v Wingate (2021 NY Slip Op 00580)
People v Wingate
2021 NY Slip Op 00580
Decided on February 3, 2021
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on February 3, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
LEONARD B. AUSTIN, J.P.
ROBERT J. MILLER
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.

2015-05474
(Ind. No. 186/14)

[*1]The People of the State of New York, respondent,

v

Blake Wingate, appellant.




¶1Blake Wingate, Auburn, NY, appellant pro se.

¶2Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Sharon Y. Brodt, and Aurora Alvarez-Calderon of counsel), for respondent.



¶3DECISION & ORDER

¶4Application 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 June 17, 2020 (People v Wingate, 184 AD3d 738), determining an appeal from a judgment of the Supreme Court, Queens County, rendered June 16, 2015.

¶5ORDERED that the application is denied.

¶6The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745; People v Stultz, 2 NY3d 277).

¶7AUSTIN, J.P., MILLER, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

¶8Aprilanne Agostino

¶9Clerk of the Court



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