Opinion
2012-10-10
The PEOPLE, etc., respondent, v. Carlton BYRD, appellant.
Carlton Byrd, Stormville, N.Y., appellant pro se. Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager and Steven A. Bender of counsel), for respondent.
Carlton Byrd, Stormville, N.Y., appellant pro se. Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I. Wager and Steven A. Bender of counsel), for respondent.
John R. Lewis, Sleepy Hollow, N.Y., former appellate counsel.
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 July 22, 2008 ( People v. Byrd, 53 A.D.3d 622, 860 N.Y.S.2d 752), affirming a judgment of the County Court, Westchester County, rendered August 23, 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 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987;*686People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883).