People v Smith

2006 NY Slip Op 09655

Decided on December 19, 2006

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 19, 2006
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
ROBERT W. SCHMIDT
ROBERT A. SPOLZINO, JJ.
2003-01962
(Ind. No. 01-01484)






Aurel Smith, Dannemora, N.Y., appellant pro se.
Janet DiFiore, District Attorney, White Plains, N.Y. (Valerie
A. Livingston and Lois C. Valerio 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 October 4, 2004 (People v Smith, 11 AD3d 491), affirming a judgment of the Supreme Court, Westchester County, rendered November 20, 2002.

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).
PRUDENTI, P.J., MILLER, SCHMIDT and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court