People v Brown

People v Brown 2011 NY Slip Op 09341 Decided on December 20, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 20, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
CHERYL E. CHAMBERS, JJ.
2007-08468
(Ind. No. 2491/06)

[*1]The People of the State of New York, respondent,

v

James Clark Brown, appellant.




James Clark Brown, Comstock, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y.
(Ayelet Sela of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of
counsel), former appellate counsel.


DECISION & ORDER

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 May 11, 2010 (People v Brown, 73 AD3d 940), affirming a judgment of the Supreme Court, Queens County, rendered August 9, 2007.

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; People v Stultz, 2 NY3d 277).
RIVERA, J.P., DILLON, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court