People v Prendergast
2007 NY Slip Op 10557 [46 AD3d 923]
December 26, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 13, 2008


The People of the State of New York, Respondent,
v
John Prendergast, Appellant.

—[*1] John Prendergast, Coxsackie, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Anastasia Spanakos 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 March 7, 2006 (People v Prendergast, 27 AD3d 487 [2006]), affirming two judgments of the Supreme Court, Queens County, both rendered January 6, 2003.

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., Miller, Goldstein and Covello, JJ., concur.