People v Burgess
2007 NY Slip Op 07854 [44 AD3d 869]
October 16, 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
Mickeal Burgess, Appellant.

[*1] Mickeal Burgess, Napanoch, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall 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 September 6, 2005 (People v Burgess, 21 AD3d 904 [2005]), affirming a judgment of the Supreme Court, Kings County, rendered July 9, 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., Spolzino, Krausman and Lifson, JJ., concur.