People v Duhs
2012 NY Slip Op 04025 [95 AD3d 1232]
May 23, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 27, 2012


The People of the State of New York, Respondent,
v
Michael Duhs, Appellant.

[*1]

Michael Duhs, Coxsackie, 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. (Erin R. Collins 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 August 25, 2009 (People v Duhs, 65 AD3d 699 [2009], affd 16 NY3d 405 [2011]), affirming a judgment of the Supreme Court, Richmond County, rendered June 13, 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]). Rivera, J.P., Angiolillo, Chambers and Lott, JJ., concur.