| People v Pain |
| 2012 NY Slip Op 05658 [97 AD3d 766] |
| July 18, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v David Pain, Appellant. |
—[*1]
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M.
Lieberman of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Winston McIntosh 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 October 28, 2002 (People v Pain, 298 AD2d 604 [2002]), affirming a judgment of the Supreme Court, Kings County, rendered June 15, 2000.
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., Florio, Eng and Lott, JJ., concur.