People v Foddrell
2012 NY Slip Op 03215 [94 AD3d 1138]
April 24, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 23, 2012


The People of the State of New York, Respondent,
v
Dyego Foddrell, Appellant.

—[*1] Dyego Foddrell, Dannemora, N.Y., appellant pro se.

Janet DiFiore, District Attorney, White Plains, N.Y. (William C. Milaccio and Richard Longworth Hecht 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 September 29, 2009 (People v Foddrell, 65 AD3d 1375 [2009]), affirming a judgment of the Supreme Court, Westchester County, rendered August 24, 2004.

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., Rivera, Angiolillo and Dickerson, JJ., concur.