People v Boykin

People v Boykin 2012 NY Slip Op 06148 Decided on September 12, 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 September 12, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
ARIEL E. BELEN
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
2003-04308
(Ind. No. 02-00673)

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

v

Jermaine Boykin, appellant.




Jermaine Boykin, Sonyea, N.Y., appellant pro se.
Francis D. Phillips II, District Attorney, Goshen, N.Y.
(Elizabeth L. Guinup and Andrew R. Kass of
counsel), for respondent.
John R. Lewis, Sleepy Hollow, 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 January 18, 2005 (People v Boykin, 14 AD3d 576), affirming a judgment of the County Court, Orange County, rendered September 7, 2003.

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).
DILLON, J.P., BELEN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court