People v Mitchell

People v Mitchell 2009 NY Slip Op 07868 [66 AD3d 1045] October 27, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

The People of the State of New York, Respondent,
v
William Mitchell, Appellant.

—[*1] William Mitchell, Middle Island, N.Y., appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Guy Arcidiacono 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 March 3, 2003 (People v Mitchell, 303 AD2d 422 [2003]), affirming a judgment of the County Court, Suffolk County, rendered August 23, 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]). Rivera, J.P., Skelos, Fisher and Santucci, JJ., concur.