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People v. Tullies

Citations: 247 A.D.2d 642; 669 N.Y.S.2d 236; 1998 N.Y. App. Div. LEXIS 1697

Court: Appellate Division of the Supreme Court of the State of New York; February 22, 1998; New York; State Appellate Court

Narrative Opinion Summary

Application for a writ of error coram nobis was made by the appellant, seeking to vacate a decision and order from December 28, 1987, which affirmed a judgment from the Supreme Court, Kings County, dated July 13, 1983, on the basis of ineffective assistance of appellate counsel. The court denied the application, concluding that the appellant did not demonstrate a lack of effective assistance from appellate counsel, referencing the precedent set in Jones v. Barnes. The decision was concurred by P.J. Mangano and Justices Bracken, Thompson, and Sullivan.

Legal Issues Addressed

Ineffective Assistance of Appellate Counsel

Application: The court evaluated the appellant's claim of ineffective assistance of appellate counsel and determined that the appellant failed to meet the burden of proof required to vacate the previous decision.

Reasoning: The court denied the application, concluding that the appellant did not demonstrate a lack of effective assistance from appellate counsel, referencing the precedent set in Jones v. Barnes.

Writ of Error Coram Nobis

Application: The appellant's application for a writ of error coram nobis was intended to vacate a past decision on the grounds of alleged ineffective assistance of counsel, but the application was denied due to insufficient evidence.

Reasoning: Application for a writ of error coram nobis was made by the appellant, seeking to vacate a decision and order from December 28, 1987, which affirmed a judgment from the Supreme Court, Kings County, dated July 13, 1983, on the basis of ineffective assistance of appellate counsel.