People v Suphal
2007 NY Slip Op 07467 [44 AD3d 690]
October 2, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 12, 2007


84—The People of the State of New York, Respondent,
v
Ivan Michael Suphal, Also Known as Michael Suphal, Appellant.

—[*1] Beldock Levine & Hoffman, LLP, New York, N.Y. (Melvin L. Wulf of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Reyna E. Marder 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 May 3, 2004 (People v Suphal, 7 AD3d 547 [2004]), affirming a judgment of the Supreme Court, Kings County, rendered May 7, 2001.

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 [2003]). Miller, J.P., Schmidt, Crane and Krausman, JJ., concur.