People v Eric Whitehurst

People v Whitehurst 2005 NY Slip Op 09129 [23 AD3d 681] November 28, 2005 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 18, 2006

The People of the State of New York, Respondent,
v
Eric Whitehurst, Appellant.

—[*1]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 of this Court dated May 17, 2004 (People v Whitehurst, 7 AD3d 738 [2004]), modifying a judgment of the Supreme Court, Queens County, rendered February 28, 2001.

Ordered that the application is denied.

The appellant 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]). Prudenti, P.J., H. Miller, S. Miller and Luciano, JJ., concur.