People v David

People v David 2012 NY Slip Op 03460 Decided on May 1, 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 1, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
RANDALL T. ENG
PLUMMER E. LOTT, JJ.
2007-02425
(Ind. No. 5335/05)

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

v

Sergio David, appellant.




Sergio David, Rome, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Solomon Neubort, and
Bruce Alderman of counsel), for
respondent.


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 September 15, 2009 (People v David, 65 AD3d 1163), affirming a judgment of the Supreme Court, Kings County, rendered January 31, 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, ENG and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court