| People v Smith |
| 2008 NY Slip Op 07271 [54 AD3d 1064] |
| September 30, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Patrice Smith, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of
counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Alexis A. Ascher 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 August 1, 2005 (People v Smith, 21 AD3d 386 [2005]), affirming a judgment of the Supreme Court, Kings County, rendered October 30, 2002.
Ordered that the application is denied.
The appellant has failed to establish that she 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., Skelos, Ritter and Miller, JJ., concur.