People v Garner
2010 NY Slip Op 00983 [70 AD3d 854]
February 9, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


The People of the State of New York, Respondent,
v
Blair Garner, Appellant.

—[*1] Blair Garner, Stormville, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller 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 22, 2008 (People v Garner, 50 AD3d 1057 [2008]), affirming a sentence of the County Court, Suffolk County, imposed October 12, 2006.

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 Chambers, JJ., concur.