People v Potter (2003 NY Slip Op 18865)

People v Potter

2003 NY Slip Op 18865 [1 AD3d 617]

November 24, 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
Antonio Potter, 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 May 28, 2002 (People v Potter, 294 AD2d 603 [2002]), affirming a judgment of the County Court, Suffolk County, rendered April 24, 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]). Ritter, J.P., Santucci, Adams and Cozier, JJ., concur.