People v Dail
2009 NY Slip Op 07435 [66 AD3d 796]
October 13, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2009


The People of the State of New York, Respondent,
v
Mark W. Dail, Appellant.

—[*1] Mark W. Dail, Fishkill, N.Y., appellant pro se.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Laurie K. Gibbons 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 January 24, 1997 (People v Dail, 55 AD2d 1056 [1977]), affirming a sentence of the County Court, Nassau County, rendered January 26, 1976.

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., Rivera, Skelos and Fisher, JJ., concur.