People v Franklin
2012 NY Slip Op 01477 [92 AD3d 892]
February 21, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


The People of the State of New York, Respondent,
v
Corey Franklin, Appellant.

—[*1] Corey Franklin, Napanoch, N.Y., appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.

Robert C. Mitchell, Riverhead, N.Y. (John M. Dowden 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 May 10, 2004 (People v Franklin, 7 AD3d 966 [2004]), affirming a judgment of the County Court, Suffolk County, rendered November 24, 1998.

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]). Dillon, J.P., Florio, Austin and Roman, JJ., concur.