People v Brown
2008 NY Slip Op 00278 [47 AD3d 723]
January 15, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 12, 2008


The People of the State of New York, Respondent,
v
Thurman Brown, Appellant.

—[*1] Thurman Brown, Rome, N.Y., appellant pro se.

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

Mark Diamond, New York, 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 February 22, 1999 (People v Brown, 258 AD2d 661 [1999]), affirming a judgment of the Supreme Court, Nassau County, rendered December 1, 1997.

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., Ritter, Florio and Miller, JJ., concur.