People v Tatum (2009 NY Slip Op 05879)

People v Tatum

2009 NY Slip Op 05879 [64 AD3d 668]

July 14, 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
James Tatum, Appellant.

—[*1] James Tatum, Comstock, N.Y., appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.

Robert C. Mitchell, Riverhead, N.Y. (Robert B. Kenney 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 April 3, 2007 (People v Tatum, 39 AD3d 571 [2007]), affirming a judgment of the County Court, Suffolk County, rendered July 24, 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]). Mastro, J.P., Spolzino, Skelos and Florio, JJ., concur.