People v Chrysler
2007 NY Slip Op 01138 [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
Gregory Chrysler, Appellant.

[*1] Michael H. Sussman, Goshen, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.

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 20, 2004 (People v Chrysler, 13 AD3d 550 [2004]), affirming a judgment of the County Court, Orange County, rendered September 13, 2000, and motion by the respondent to disqualify Michael H. Sussman from representing the appellant on the application for a writ of error coram nobis.

Ordered that the motion is denied; and it is further,

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., Mastro, Krausman and Florio, JJ., concur.