People v Blair
2010 NY Slip Op 08744 [78 AD3d 1068]
November 23, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 19, 2011


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

—[*1] Nascimento Blair, Ossining, N.Y., appellant pro se.

Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco and Lois Cullen Valerio of counsel), for respondent.

Mark J. Fitzmaurice, White Plains, N.Y., 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 December 8, 2009 (People v Blair, 68 AD3d 888 [2009]), affirming a judgment of the County Court, Westchester County, rendered December 18, 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., Angiolillo, Lott and Sgroi, JJ., concur.