People v Johnson
2011 NY Slip Op 04704 [84 AD3d 1409]
May 31, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 6, 2011


The People of the State of New York, Respondent,
v
Michael Johnson, Appellant.

—[*1] Michael Johnson, Pine City, N.Y., appellant pro se.

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

Lynn W.L. Fahey, New York, N.Y. (Jonathan M. Kratter 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 March 4, 2008 (People v Johnson, 49 AD3d 557 [2008]), affirming a judgment of the Supreme Court, Kings County, rendered July 14, 2004.

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, Covello and Dickerson, JJ., concur.