People v Byrd

People v Byrd 2012 NY Slip Op 06817 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.
PETER B. SKELOS
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
2006-09076
(Ind. No. 05-01293)

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

v

Carlton Byrd, appellant.




Carlton Byrd, Stormville, N.Y., appellant pro se.
Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I.
Wager and Steven A. Bender of
counsel), for respondent.
John R. Lewis, Sleepy Hollow, N.Y., 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 July 22, 2008 (People v Byrd, 53 AD3d 622), affirming a judgment of the County Court, Westchester County, rendered August 23, 2006.

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., SKELOS, LEVENTHAL and BELEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court