People v Simon (2005 NY Slip Op 09127)

People v Simon

2005 NY Slip Op 09127 [23 AD3d 680]

November 28, 2005

Appellate Division, Second Department

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

As corrected through Wednesday, January 18, 2006

The People of the State of New York, Respondent,
v
Michael Simon, 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 April 26, 2004 (People v Simon, 6 AD3d 733 [2004]), affirming a judgment of the County Court, Orange County, rendered December 20, 2002.

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., Adams, Luciano and Rivera, JJ., concur.