People v Sweeney

People v Sweeney 2013 NY Slip Op 03864 Decided on May 29, 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 May 29, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
2009-04437
(Ind. No. 08-00869)

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

v

Scott Sweeney, appellant.




Scott Sweeney, Attica, N.Y., appellant pro se.
Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin
Liu, Steven A. Bender, and Richard
Longworth Hecht of counsel), for
respondent.
Janet A. Gandolfo, 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 May 17, 2011 (People v Sweeney, 84 AD3d 1123), affirming a judgment of the County Court, Westchester County, rendered April 13, 2009.

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, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court