People v Johnson
2007 NY Slip Op 09048 [45 AD3d 698]
November 13, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


The People of the State of New York, Respondent,
v
Waverly Johnson, Appellant.

[*1] Waverly Johnson, Elmira, N.Y., appellant pro se.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Douglas Noll 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 June 17, 1991 (People v Johnson, 174 AD2d 695 [1991]), affirming a judgment of the County Court, Nassau County, rendered December 5, 1986.

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., Schmidt, Crane and Goldstein, JJ., concur.