People v Rishton (2003 NY Slip Op 18079)

People v Rishton

2003 NY Slip Op 18079 [1 AD3d 385]

November 3, 2003

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 28, 2004

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

—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 March 24, 2003 (People v Rishton, 303 AD2d 692 [2003], lv denied 100 NY2d 542), affirming a judgment of the Supreme Court, Kings County, rendered February 20, 2001.

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 US 745 [1983]). Santucci, J.P., Smith, Luciano and Cozier, JJ., concur.