People v Thomas
2010 NY Slip Op 09948 [79 AD3d 1153]
December 28, 2010
Appellate Division, Second Department
As corrected through Wednesday, February 16, 2011


The People of the State of New York,Respondent,
v
Sheldon Thomas, Appellant.

[*1]Sheldon Thomas, Pine City, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J.Twersky of counsel), for respondent.

Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel), former appellatecounsel.

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 September15, 2009 (People v Thomas, 65 AD3d 1170 [2009]), affirming a judgment of theSupreme Court, Queens County, rendered January 30, 2007. Application by the appellant forleave to serve and file additional papers in support of his application for a writ of error coramnobis.

Ordered that the application for leave to serve and file additional papers is denied; and it isfurther,

Ordered that the application for a writ of error coram nobis 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]). Skelos, J.P., Santucci, Balkin and Leventhal, JJ., concur.


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