People v Johnson
2010 NY Slip Op 06648 [76 AD3d 1031]
September 21, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 27, 2010


The People of the State of New York, Respondent,
v
Lyle Johnson, Appellant.

—[*1] B. Alan Seidler, New York, N.Y., for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger 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 September 23, 2008 (People v Johnson, 54 AD3d 969 [2008]), affirming a judgment of the County Court, Rockland County, rendered December 19, 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]). Fisher, J.P., Dillon, Balkin and Chambers, JJ., concur.