People v Whaley

People v Whaley 2009 NY Slip Op 03022 [61 AD3d 785] April 14, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 10, 2009

The People of the State of New York, Respondent,
v
John Whaley, Appellant.

—[*1] John Whaley, Patchogue, N.Y., appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.

Steven Flaumenhaft, West Sayville, 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 October 30, 2007 (People v Whaley, 44 AD3d 1079 [2007]), affirming a judgment of the County Court, Suffolk County, rendered August 9, 2004.

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]). Spolzino, J.P., Florio, Covello and Angiolillo, JJ., concur.