Opinion
2011-10-11
The PEOPLE, etc., respondent,v.Charles SPELLS, appellant.
Charles Spells, Stormville, N.Y., appellant pro se.Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.*913 Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), 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 October 20, 2009 ( People v. Spells, 66 A.D.3d 924, 886 N.Y.S.2d 625), affirming a judgment of the Supreme Court, Kings County, rendered June 1, 2005.
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; People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883).
MASTRO, J.P., RIVERA, FLORIO and AUSTIN, JJ., concur.