People v Hussain
2007 NY Slip Op 08254 [44 AD3d 1073]
October 30, 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
Intzar Hussain, Appellant.

[*1] Intzar Hussain, Malone, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Warren S. Landau 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 December 5, 2006 (People v Hussain, 35 AD3d 504 [2006]), affirming a judgment of the Supreme Court, Kings County, rendered May 25, 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., Goldstein, Skelos and Fisher, JJ., concur.