People v Davis
2013 NY Slip Op 01092 [103 AD3d 813]
February 20, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 27, 2013


The People of the State of New York, Respondent,
v
Warren Davis, Appellant.

—[*1] Joseph M. Latino, Croton-on-Hudson, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff 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, an opinion and order of this Court dated May 24, 2011 (People v Davis, 86 AD3d 59 [2011]), affirming a judgment of the County Court, Westchester County, rendered July 25, 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]). Angiolillo, J.P., Balkin, Hall and Austin, JJ., concur.