People v Benjamin
2009 NY Slip Op 00222 [58 AD3d 639]
January 13, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 11, 2009


The People of the State of New York, Respondent,
v
Ivan Benjamin, Also Known as Irvin Benjamin, Appellant.

—[*1] Ivan Benjamin, also known as Irvin Benjamin, Warwick, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon E. Brodt, and Ushir Pandit of counsel), for respondent.

Robert DiDio, Kew Gardens, N.Y., 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 22, 2003 (People v Benjamin, 2 NY3d 737 [2004]), affirming a judgment of the Supreme Court, Queens County, rendered July 11, 2002.

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., Mastro, Rivera and Miller, JJ., concur.