People v Lyons
2007 NY Slip Op 05757 [41 AD3d 864]
June 26, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 15, 2007


The People of the State of New York, Respondent,
v
Andrew Lyons, Appellant.

—[*1] Andrew Lyons, Comstock, 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. (Salvatore A. Gaetani 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 October 11, 2005 (People v Lyons, 22 AD3d 606 [2005]), affirming a judgment of the County Court, Westchester County, rendered January 27, 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]). Miller, J.P., Crane, Spolzino and Ritter, JJ., concur.