People v Wynter (2009 NY Slip Op 00574)

People v Wynter

2009 NY Slip Op 00574 [58 AD3d 886]

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
Orville P. Wynter, Appellant.

—[*1] Orville P. Wynter, Napanoch, N.Y., appellant pro se.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz of counsel), for respondent.

David Louis Cohen, 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 October 12, 1999 (People v Wynter, 265 AD2d 435 [1999], affd 95 NY2d 504 [2000]), affirming a judgment of the County Court, Nassau County, rendered August 23, 1996.

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, Ritter and Florio, JJ., concur.