People v Ashby

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People v Ashby 2013 NY Slip Op 07497 Decided on November 13, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 13, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
L. PRISCILLA HALL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
2000-02309
(Ind. No. 99738/97)

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

v

Christopher Ashby, appellant.




Christopher Ashby, Wallkill, N.Y., appellant pro se.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A.
Schwartz and Kevin C. King 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 31, 2001 (People v Ashby, 289 AD2d 588), affirming a judgment of the County Court, Nassau County, rendered January 18, 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).
ENG, P.J., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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