People v Shearer
2008 NY Slip Op 05539 [52 AD3d 626]
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
Gil Shearer, Appellant.

[*1] Gil Shearer, Wallkill, N.Y., appellant pro se.

Janet DiFiore, District Attorney, White Plains, N.Y. (Richard L. Hecht of counsel), for respondent.

Abraham J. Mayers, Yonkers, 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 May 2, 2006 (People v Shearer, 29 AD3d 608 [2006]), affirming a judgment of the County Court, Westchester County, rendered March 10, 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., Skelos, Florio and Miller, JJ., concur.