People v Dover (2004 NY Slip Op 08711)

People v Dover

2004 NY Slip Op 08711 [12 AD3d 616]

November 22, 2004

Appellate Division, Second Department

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

As corrected through Wednesday, January 19, 2005

The People of the State of New York, Respondent,
v
Claudy Dover, Appellant.

—[*1]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 Dover, 294 AD2d 594 [2002]), affirming (1) a judgment of the County Court, Nassau County, rendered February 11, 1997, and (2) a resentence of the same court imposed June 4, 1997.

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]; People v Stultz, 2 NY3d 277 [2004]). Prudenti, P.J., Santucci, Florio and S. Miller, JJ., concur.