People v Clemente, 2017 NY Slip Op 08680 [156 AD3d 716]

December 13, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Victor Clemente, Jr., Appellant. (Appeal No. 1.) The People of the State of New York, Appellant, v Victor Clemente, Jr., Respondent. (Appeal No. 2.)

Victor Clemente, named herein as Victor Clemente, Jr., Napanoch, NY, appellant pro se on Appeal No. 1 and respondent pro se on Appeal No. 2.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano and Merri Turk Lasky of counsel), for respondent on Appeal No. 1 and appellant on Appeal No. 2.

Paul Skip Laisure, New York, NY (Tammy E. Linn of counsel), former appellate counsel on Appeal No. 2.

Application by the defendant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, (1) a decision and order of this Court dated May 3, 2011 ( People v Clemente , 84 AD3d 829 [2011]), affirming a judgment of the Supreme Court, Queens County, rendered April 30, 2008, and (2) a decision and order of this Court dated May 4, 2016 ( People v Clemente , 139 AD3d 751 [2016]), denying branches of his application which were, inter alia, for a writ of error coram nobis to vacate a decision and order of this Court dated May 22, 1989 ( People v Clemente , 150 AD2d 709 [1989]), which reversed an order of the Supreme Court, Queens County, dated March 22, 1988, dismissing the indictment on the ground that he had been deprived of his constitutional right to a speedy trial.

Ordered that the application is denied.

The defendant has failed to establish that he was denied the effective assistance of appellate counsel ( see Jones v Barnes , 463 US 745 [1983]; People v Stultz , 2 NY3d 277 [2004]). Eng, P.J., Dillon, Leventhal and Chambers, JJ., concur..