People v Clanton (2011 NY Slip Op 00391)

People v Clanton

2011 NY Slip Op 00391 [80 AD3d 710]

January 18, 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
David Clanton, Appellant.

—[*1] David Clanton, Stormville, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicolette J. Caferri, and Jennifer Hagan of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Reyna E. Marder 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 January 12, 2010 (People v Clanton, 69 AD3d 754 [2010]), affirming a judgment of the Supreme Court, Queens County, rendered March 12, 2007.

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]). Prudenti, P.J., Mastro, Eng and Hall, JJ., concur.