People v Davis

People v Davis 2012 NY Slip Op 03853 Decided on May 15, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 15, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
MARK C. DILLON
ANITA R. FLORIO, JJ.
1997-02673
(Ind. No. 14664/95)

[*1]The People of the State of New York, respondent,

v

Daniel Davis, also known as Michael Johnson, appellant.




Daniel Davis, Malone, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Solomon Neubort, and
Michael L. Brenner of counsel), for
respondent.
Richard L. Herzfeld, P.C., New York, N.Y., former appellate
counsel.


DECISION & ORDER

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 17, 2000 (People v Davis, 271 AD2d 618), affirming a judgment of the Supreme Court, Kings County, rendered March 4, 1997.

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; People v Stultz, 2 NY3d 277).
MASTRO, A.P.J., RIVERA, DILLON and FLORIO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court