People v Spencer
2008 NY Slip Op 04379 [51 AD3d 694]
May 6, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 16, 2008


The People of the State of New York, Respondent,
v
Herman Spencer, Appellant.

[*1] Herman Spencer, Comstock, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel), for respondent.

Application by the appellant for a writ of coram nobis to vacate, in the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated August 28, 1995 (People v Spencer, 218 AD2d 824 [1995]), affirming a judgment of the Supreme Court, Kings County, rendered July 12, 1993.

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., Mastro, Ritter and Florio, JJ., concur.