People v Nesbitt

People v Nesbitt 2007 NY Slip Op 10555 [46 AD3d 923] December 26, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 13, 2008

The People of the State of New York, Respondent,
v
Jennel Nesbitt, Appellant.

—[*1] Jennel Nesbitt, Bedford Hills, N.Y., appellant pro se.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Andrea M. DiGregorio of counsel), for respondent.

Joseph R. Faraguna, Sag Harbor, N.Y., former appellate counsel.

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 June 26, 2007 (People v Nesbitt, 41 AD3d 866 [2007]), affirming a judgment of the County Court, Nassau County, rendered September 28, 2005.

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]). Miller, J.P., Mastro, Krausman and Carni, JJ., concur.