People v Stapleton

People v Stapleton 2009 NY Slip Op 06190 [65 AD3d 597] August 11, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 30, 2009

The People of the State of New York, Respondent,
v
Thiel Stapleton, Appellant.

—[*1] Thiel Stapleton, Auburn, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Trail, and Karen Wigle Weiss of counsel), for respondent.

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 19, 2007 (People v Stapleton, 41 AD3d 744 [2007]), affirming a judgment of the Supreme Court, Queens County, rendered March 11, 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]). Rivera, J.P., Spolzino, Florio and Angiolillo, JJ., concur.