| People v Jemmott |
| 2025 NY Slip Op 00235 [234 AD3d 793] |
| January 15, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Marvon Jemmott, Appellant. |
Marvon Jemmott, Napanoch, NY, appellant pro se.
Application 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 on motion of this Court dated June 8, 2022, denying the appellant's application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the Supreme Court, Nassau County, dated April 26, 2022.
Ordered that the application is denied.
The application for a writ of error coram nobis must be denied as there is no constitutional right to counsel on a discretionary application for leave to appeal from an order denying a motion pursuant to CPL 440 (see generally People v Maloy, 204 AD3d 1090, 1091 [2022]), and "in the absence of a violation of a constitutional right, coram nobis does not lie" (People v Grimes, 32 NY3d 302, 309 [2018]; see generally People v Andrews, 23 NY3d 605, 616 [2014]). Iannacci, J.P., Wooten, Warhit and Landicino, JJ., concur.