People v Sudbrink
2007 NY Slip Op 07731 [44 AD3d 801]
October 9, 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


The People of the State of New York, Respondent,
v
Michael Sudbrink, Appellant.

[*1] Michael Sudbrink, North Babylon, N.Y., appellant pro se.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Margaret E. Mainusch and Robert A. Schwartz of counsel), for respondent.

Matthew Muraskin, Huntington, 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 December 12, 2006 (People v Sudbrink, 35 AD3d 635 [2006]), modifying an order of the County Court, Nassau County, dated October 28, 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., Schmidt, Dillon and Covello, JJ., concur.