People v Nichols
2008 NY Slip Op 00719 [47 AD3d 952]
January 29, 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
Dwayne Nichols, Appellant.

—[*1] Dwayne Nichols, Napanoch, N.Y., appellant pro se.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.

Michael G. Paul, New City, 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 December 5, 2006 (People v Nichols, 35 AD3d 508 [2006]), modifying a judgment of the County Court, Orange County, rendered November 1, 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]). Prudenti, P.J., Fisher, Ritter and Covello, JJ., concur.