People v Clark
2011 NY Slip Op 00392 [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
Robert Clark, Appellant.

[*1] Robert Clark, Dannemora, N.Y., appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello 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 December 4, 2007 (People v Clark, 46 AD3d 566 [2007]), modifying a judgment of the Supreme Court, Suffolk County, rendered September 20, 2002.

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., Rivera, Dillon and Covello, JJ., concur.