People v Ephraim
2008 NY Slip Op 05942 [52 AD3d 841]
June 24, 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
Aleek Ephraim, Appellant.

[*1] Aleek Ephraim, Malone, N.Y., appellant pro se.

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

Barry E. Warhit, White Plains, 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 22, 2007 (People v Ephraim, 40 AD3d 1010 [2007]), affirming a judgment of the County Court, Westchester County, rendered April 26, 2005.

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, Dillon and Dickerson, JJ., concur.