People v Gaskin
2008 NY Slip Op 02173 [49 AD3d 663]
March 11, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Respondent,
v
Wayne Gaskin, Appellant.

—[*1] Wayne Gaskin, Auburn, N.Y., appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.

Robert C. Mitchell, Riverhead, N.Y. (Robert B. Kenney 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 October 31, 2005 (People v Gaskin, 22 AD3d 864 [2005]), affirming a judgment of the County Court, Suffolk County, rendered October 10, 2002.

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]). Rivera, J.P., Spolzino, Skelos and Lifson, JJ., concur.