People v Gueye
2012 NY Slip Op 08032 [100 AD3d 922]
November 21, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


The People of the State of New York, Respondent,
v
Khadim Gueye, Appellant.

[*1] Khadim Gueye, Malone, N.Y., appellant pro se.

Lynn W. L. Fahey, N.Y. (Steven R. Bernhard 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 February 22, 2011 (People v Gueye, 81 AD3d 974 [2011]), affirming a judgment of the Supreme Court, Queens County, rendered July 16, 2008.

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, J.P., Balkin, Leventhal and Miller, JJ., concur.