People v Cooper
2008 NY Slip Op 05529 [52 AD3d 622]
June 10, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


The People of the State of New York, Respondent,
v
Billy Cooper, Appellant.

[*1] Billy Cooper, Malone, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Laura T. Ross of counsel), for respondent.

Schwed & Zucker, Kew Gardens, N.Y. (David Zucker 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 January 23, 2007 (People v Cooper, 36 AD3d 828 [2007]), affirming a judgment of the Supreme Court, Queens County, rendered March 4, 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]). Spolzino, J.P., Lifson, Florio and Covello, JJ., concur.