People v Burnie
2011 NY Slip Op 05969 [86 AD3d 579]
July 12, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 31, 2011


The People of the State of New York, Respondent,
v
Timothy Burnie, Appellant.

—[*1] Bernard Prince, named herein as Timothy Burnie, Comstock, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob 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 April 3, 1995 (People v Burnie, 214 AD2d 581 [1995]), affirming a judgment of the Supreme Court, Kings County, rendered July 8, 1991.

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., Rivera, Skelos and Florio, JJ., concur.