People v Moore
2007 NY Slip Op 03170 [39 AD3d 672]
April 10, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 6, 2007


The People of the State of New York, Respondent,
v
Calvin Moore, Appellant.

[*1] Calvin Moore, Romulus, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Camille O'Hara Gillepsie of counsel), for respondent.

Richard L. Herzfeld, New York, N.Y., 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 May 16, 2006 (People v Moore, 29 AD3d 825 [2006]), affirming a judgment of the Supreme Court, Kings County, rendered March 15, 2004.

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]). Schmidt, J.P., Skelos, Lunn and Dillon, JJ., concur.