People v Smith (2003 NY Slip Op 18502)

People v Smith

2003 NY Slip Op 18502 [1 AD3d 540]

November 17, 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
Deshaw Smith, Also Known as Darryl Swindell, 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 December 5, 1994 (People v Smith, 210 AD2d 267 [1994]), affirming a judgment of the Supreme Court, Queens County, rendered February 5, 1992.

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]). Prudenti, P.J., Santucci, Florio and Smith, JJ., concur.