People v Highsmith (2009 NY Slip Op 00556)

People v Highsmith

2009 NY Slip Op 00556 [58 AD3d 867]

January 27, 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
Ola Highsmith, Appellant.

—[*1] Ola Highsmith, Elmira, N.Y., appellant pro se.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass 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 September 19, 2005 (People v Highsmith, 21 AD3d 1037 [2005]), affirming a judgment of the County Court, Orange County, rendered June 13, 2003.

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 Spolzino, JJ., concur.