People v Theard
2011 NY Slip Op 00243 [80 AD3d 632]
January 11, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 9, 2011


The People of the State of New York, Respondent,
v
Jean Theard, Appellant.

—[*1] Jean Theard, Dannemora, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Merri Turk Lasky 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 July 21, 2009 (People v Theard, 64 AD3d 733 [2009]), affirming a judgment of the Supreme Court, Queens County, rendered September 5, 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, Eng and Leventhal, JJ., concur.