People v Garrett

People v Garrett 2013 NY Slip Op 05757 Decided on August 28, 2013 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 August 28, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
2003-06141
(Ind. No. 7298/02)

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

v

Tirek Garrett, appellant.




Tirek Garrett, Fallsburg, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Solomon Neubort of
counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Jonathan M. Kratter 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 10, 2007 (People v Garrett, 39 AD3d 667), affirming a judgment of the Supreme Court, Kings County, rendered November 13, 2003.

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., BALKIN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court