People v Thurmond

People v Thurmond 2012 NY Slip Op 06829 Decided on October 10, 2012 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 October 10, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
2000-08829
(Ind. No. 8090/99)

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

v

Kevin Thurmond, appellant.




Kevin Thurmond, Alden, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Linda Breen 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 28, 2002 (People v Thurmond, 294 AD2d 608), affirming a judgment of the Supreme Court, Kings County, rendered September 13, 2000.

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., FLORIO, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court