People v Butler
2011 NY Slip Op 08770 [89 AD3d 1101]
November 29, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


The People of the State of New York, Respondent,
v
Melvin Butler, Appellant.

—[*1] Franzblau Dratch, P.C., New York, N.Y. (Stephen Dratch of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel 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 March 25, 2008 (People v Butler, 49 AD3d 894 [2008]), affirming a judgment of the Supreme Court, Kings County, rendered April 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]). Mastro, J.P., Rivera, Angiolillo and Leventhal, JJ., concur.