People v Boykin
2012 NY Slip Op 06148 [98 AD3d 985]
September 12, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 24, 2012


The People of the State of New York, Respondent,
v
Jermaine Boykin, Appellant.

[*1]

Jermaine Boykin, Sonyea, N.Y., appellant pro se.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Elizabeth L. Guinup and Andrew R. Kass of counsel), for respondent.

John R. Lewis, Sleepy Hollow, N.Y., 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 January 18, 2005 (People v Boykin, 14 AD3d 576 [2005]), affirming a judgment of the County Court, Orange County, rendered September 7, 2003.

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., Belen, Lott and Miller, JJ., concur.