People v Sloane

People v Sloane 2012 NY Slip Op 02898 Decided on April 17, 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 April 17, 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
JOHN M. LEVENTHAL, JJ.
2007-01954
(Ind. No. 06-00658)

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

v

Derek Sloane, appellant.




Derek Sloane, Auburn, N.Y., appellant pro se.
Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie
Sapakoff and Richard Longworth
Hecht of counsel), for respondent.
John P. Savoca, Yorktown Heights, 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 February 24, 2009 (People v Sloane, 59 AD3d 745), affirming a judgment of the County Court, Westchester County, rendered February 14, 2007.

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 LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino Clerk of the Court