People v Rogers
2008 NY Slip Op 07160 [54 AD3d 973]
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
Kenneth Rogers, Appellant.

[*1] Kenneth Rogers, Fallsburg, N.Y., appellant pro se.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Elana L. Yeger of counsel), for respondent.

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 June 28, 2004 (People v Rogers, 8 AD3d 682 [2004]), affirming a judgment of the County Court, Rockland County, rendered June 20, 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, Lifson and Santucci, JJ., concur.