People v Sims

People v Sims 2010 NY Slip Op 08607 [78 AD3d 971] November 16, 2010 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2011

The People of the State of New York, Respondent,
v
Anthony Sims, Appellant.

—[*1] Roger Bennett Adler, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Howard B. Goodman of counsel), for respondent.

Barry Gene Rhodes, Brooklyn, N.Y., former appellate counsel.

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 April 22, 2002 (People v Sims, 293 AD2d 692 [2002]), affirming a judgment of the Supreme Court, Kings County, rendered June 21, 1999.

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., Mastro, Rivera and Skelos, JJ., concur.