People v. Whitehead

Full title: The PEOPLE, etc., respondent, v. Lamar WHITEHEAD, appellant.

Court: Supreme Court, Appellate Division, Second Department, New York.

Date published: Jun 5, 2013

107 A.D.3d 746 (N.Y. App. Div. 2013)

2013 N.Y. Slip Op. 4035

965 N.Y.S.2d 882

Opinion

2013-06-5

The PEOPLE, etc., respondent, v. Lamar WHITEHEAD, appellant.

Lamar Whitehead, Wilton, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.

Lamar Whitehead, Wilton, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.
James Kousouros, New York, 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 May 17, 2011 ( People v. Whitehead, 84 A.D.3d 1128, 923 N.Y.S.2d 212), affirming a judgment of the County Court, Suffolk County, rendered June 30, 2008.

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;*883People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883).

DILLON, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.