People v Clark

People v Clark 2011 NY Slip Op 00392 Decided on January 18, 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 January 18, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
MARK C. DILLON
JOSEPH COVELLO, JJ.
2002-09629
(Ind. No. 2386-01)

[*1]The People, etc., respondent,

v

Robert Clark, appellant.




Robert Clark, Dannemora, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C.
Costello of counsel), for respondent.


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 December 4, 2007 (People v Clark, 46 AD3d 566), modifying a judgment of the Supreme Court, Suffolk County, rendered September 20, 2002.

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).
MASTRO, J.P., RIVERA, DILLON and COVELLO, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court