People v David Maxwell

People v Maxwell 2006 NY Slip Op 03606 [29 AD3d 604] May 2, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 19, 2006

The People of the State of New York, Respondent,
v
David Maxwell, 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 October 11, 2005 (People v Maxwell, 22 AD3d 607 [2005], lv denied 6 NY3d 756 [2005]), affirming a judgment of the County Court, Westchester County, rendered October 24, 2001.

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]). Adams, J.P., Mastro, Lifson and Lunn, JJ., concur.