People v Cole
2009 NY Slip Op 05790 [64 AD3d 614]
July 7, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 2, 2009


The People of the State of New York, Respondent,
v
Antonio Cole, Appellant.

—[*1] Antonio Cole, Auburn, 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 June 3, 2002 (People v Cole, 295 AD2d 360 [2002]), affirming a judgment of the County Court, Orange County, rendered February 23, 2001.

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]). Mastro, J.P., Rivera, Florio and Miller, JJ., concur.