| People v Stewart |
| 2009 NY Slip Op 07446 [66 AD3d 801] |
| October 13, 2009 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Humphrey Stewart, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Phyllis Mintz of
counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Winston McIntosh 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 March 15, 2004 (People v Stewart, 5 AD3d 614 [2004]), affirming a judgment of the Supreme Court, Kings County, rendered October 11, 2000.
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, Dillon and Florio, JJ., concur.