People v Kennedy

People v Kennedy 2013 NY Slip Op 05592 Decided on August 7, 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 7, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
2008-04489
(Ind. No. 2154-07)

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

v

Nicholas G. Kennedy, appellant.




Nicholas G. Kennedy, Otisville, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael
J. Brennan of counsel), for respondent.
Stephen N. Preziosi, Smithtown, 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 January 19, 2010 (People v Kennedy, 69 AD3d 881), affirming a judgment of the County Court, Suffolk County, rendered April 25, 2008.

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., DICKERSON, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court