People v Simpkins

People v Simpkins 2013 NY Slip Op 00235 Decided on January 16, 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 January 16, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
ROBERT J. MILLER
SYLVIA HINDS-RADIX, JJ.
2006-02687
(Ind. No. 1277N/01)

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

v

David Simpkins, appellant.




David Simpkins, Stormville, N.Y., appellant pro se.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Barbara
Kornblau of counsel), for respondent.
Joseph Faraguna, Sag Harbor, 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 November 13, 2007 (People v Simpkins, 45 AD3d 704), affirming a judgment of the County Court, Nassau County, rendered March 8, 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).
ANGIOLILLO, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court