People v Holmes
2010 NY Slip Op 07193 [77 AD3d 680]
October 5, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 15, 2010


The People of the State of New York, Respondent,
v
Reginald Holmes, Appellant.

[*1] Reginald Holmes, Auburn, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.

Lynn W.L. Fahey, New York, N.Y. (Sarah J. Berger 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 February 3, 2009 (People v Holmes, 59 AD3d 462 [2009]), affirming a judgment of the Supreme Court, Kings County, rendered November 16, 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., Florio, Balkin and Eng, JJ., concur.