People v Clay
2008 NY Slip Op 07138 [54 AD3d 960]
September 23, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 29, 2008


The People of the State of New York, Respondent,
v
Daniel Clay, Appellant.

[*1] Daniel Clay, Dannemora, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and William H. Branigan of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Reyna E. Marder 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 April 30, 2001 (People v Clay, 282 AD2d 755 [2001]), affirming a judgment of the Supreme Court, Queens County, rendered December 23, 1998.

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]). Ritter, J.P., Santucci, Balkin and Chambers, JJ., concur.