People v Donahue
2009 NY Slip Op 06341 [65 AD3d 698]
August 25, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 30, 2009


The People of the State of New York, Respondent,
v
Brendan Donahue, Appellant.

—[*1] Brendan Donahue, Romulus, N.Y., appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.

Robert C. Mitchell, Riverhead, N.Y. (John M. Dowden 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 8, 2008 (People v Donahue, 50 AD3d 820 [2008]), affirming a judgment of the County Court, Suffolk County, rendered March 7, 2005.

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]). Santucci, J.P., Florio, Eng and Chambers, JJ., concur.