People v Campbell
2010 NY Slip Op 09932 [79 AD3d 1144]
December 28, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 16, 2011


The People of the State of New York, Respondent,
v
Franklyn A. Campbell, Appellant.

—[*1] Franklyn A. Campbell, Stormville, N.Y., appellant pro se.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Laurie K. Gibbons of counsel), for respondent.

Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg 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 14, 2000 (People v Campbell, 269 AD2d 461 [2000]), affirming a judgment of the County Court, Nassau County, rendered January 31, 1996.

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]). Dillon, J.P., Santucci, Florio and Leventhal, JJ., concur.