People v Dick
2008 NY Slip Op 07677 [55 AD3d 622]
October 7, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


The People of the State of New York, Respondent,
v
Rudolph Dick, Appellant.

[*1] Rudolph Dick, Elmira, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Steven R. Bernhard 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 February 19, 2008 (People v Dick, 48 AD3d 697 [2008]), affirming a judgment of the Supreme Court, Kings County, rendered June 21, 2005.

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]). Spolzino, J.P., Santucci, Angiolillo and Carni, JJ., concur.