People v Joseph Berry

People v Berry 2005 NYSlipOp 09553 December 12, 2005 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

The People of the State of New York, Respondent,
v
Joseph Berry, Appellant.

—[*1]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 27, 2004 (People v Berry, 10 AD3d 729 [2004]), affirming a judgment of the Supreme Court, Queens County, rendered October 25, 2000.

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]). Cozier, J.P., Ritter, Luciano and Rivera, JJ., concur.