People v Witherspoon (2011 NY Slip Op 00542)

People v Witherspoon

2011 NY Slip Op 00542 [80 AD3d 787]

January 25, 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
Billy Witherspoon, Appellant.

—[*1] Billy Witherspoon, Wallkill, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.

Pamela D. Hayes, New York, 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 February 13, 2008 (People v Witherspoon, 48 AD3d 599 [2008]), affirming a judgment of the Supreme Court, Kings 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]). Prudenti, P.J., Mastro, Rivera and Dillon, JJ., concur.