People v Clark

2007 NY Slip Op 09237 [45 AD3d 776]

November 20, 2007

Appellate Division, Second Department

As corrected through Wednesday, January 16, 2008

The People of the State of New York,Respondent, v Rickey Clark, Appellant.

—[*1]Rickey Clark, Dannemora, N.Y., appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.

Del Atwell, Montauk, N.Y., former appellate counsel.

Application by the appellant for a writ of error coram nobis to vacate, on the ground ofineffective assistance of appellate counsel, a decision and order of this Court dated November 28,2005 (People v Clark, 23 AD3d673 [2005]), affirming a judgment of the Supreme Court, Suffolk County, renderedSeptember 8, 2004.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellatecounsel (see Jones v Barnes, 463 US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]). Miller, J.P., Schmidt, Craneand Covello, JJ., concur.