People v Barnes
2008 NY Slip Op 06379 [53 AD3d 620]
July 22, 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
Germaine Barnes, Appellant.

—[*1] Jermaine Barnes, named herein as Germaine Barnes, Attica, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Karen Wigle Weiss of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Warren S. Landau 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 3, 2001 (People v Barnes, 289 AD2d 251 [2001]), affirming a judgment of the Supreme Court, Queens County, rendered February 10, 2000.

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 Miller, JJ., concur.