People v Callender
2007 NY Slip Op 01136 [37 AD3d 486]
February 6, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2007


The People of the State of New York, Respondent,
v
Kasiem Callender, Appellant.

[*1] Kasiem Callender, Malone, N.Y., appellant pro se.

Janet DiFiore, District Attorney, White Plains, N.Y. (Valerie A. Livingston, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Stephen J. Pittari, White Plains, N.Y. (Jacqueline F. Oliva of counsel), former appellate counsel.

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 June 1, 2004 (People v Callender, 8 AD3d 294 [2004]), affirming a judgment of the Supreme Court, Westchester County, rendered November 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., Rivera, Krausman and Florio, JJ., concur.