People v Scott

People v Scott 2011 NY Slip Op 00401 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
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
ANITA R. FLORIO, JJ.
1999-05717
(Ind. No. 6346/98)

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

v

Malik Scott, appellant.




Malik Scott, Woodbourne, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Amy Appelbaum of
counsel; Leah Rabinowitz on the
memorandum), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Barry Stendig 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 April 9, 2001 (People v Scott, 282 AD2d 996), affirming a sentence of the Supreme Court, Kings County, imposed June 14, 1999.

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).
PRUDENTI, P.J., MASTRO, RIVERA and FLORIO, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court