People v Tyrell
2012 NY Slip Op 01623 [92 AD3d 966]
February 28, 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
Calvin Tyrell, Appellant.

[*1] Calvin Tyrell, Stormville, N.Y., appellant pro se.

Janet DiFiore, District Attorney, White Plains, N.Y. (Lisa M. Denig and Laurie Sapakoff 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 November 10, 2009 (People v Tyrell, 67 AD3d 827 [2009]), affirming a judgment of the County Court, Westchester County, rendered June 21, 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, A.P.J., Dillon, Angiolillo and Dickerson, JJ., concur.