People v Spencer
2008 NY Slip Op 06313 [53 AD3d 591]
July 15, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 3, 2008


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

[*1] Jamaill Spencer, Ossining, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli 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 December 8, 2003 (People v Spencer, 2 AD3d 545 [2003]), affirming a judgment of the Supreme Court, Kings County, rendered June 21, 2001.

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., Rivera, Spolzino and Skelos, JJ., concur.