People v Whaul

People v Whaul 2014 NY Slip Op 02621 Decided on April 16, 2014 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 April 16, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
2006-02090
(Ind. No. 3253/04)

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

v

Dwayne Whaul, appellant.




Dwayne Whaul, Pine City, N.Y., appellant pro se.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y.
(Leonard Joblove and Diane R.
Eisner 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 June 30, 2009 (People v Whaul, 63 AD3d 1182), affirming a judgment of the Supreme Court, Kings County, rendered February 9, 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).
RIVERA, J.P., SKELOS, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court