People v Mitchell
2012 NY Slip Op 00537 [91 AD3d 887]
January 24, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 29, 2012


The People of the State of New York, Respondent,
v
David Mitchell, Appellant.

—[*1] David Mitchell, Stormville, N.Y., appellant pro se.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Anne Grady of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Andrew E. Abraham 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 December 1, 2009 (People v Mitchell, 68 AD3d 784 [2009]), affirming a judgment of the Supreme Court, Richmond County, rendered September 5, 2007.

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]). Skelos, J.P., Eng, Austin and Roman, JJ., concur.