People v Green
2013 NY Slip Op 01851 [104 AD3d 874]
March 20, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 24, 2013


The People of the State of New York, Respondent,
v
Avery Green, Appellant.

[*1] Avery Green, Elmira, N.Y., appellant pro se.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

David Gandin, Walden, 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 February 28, 2012 (People v Green, 92 AD3d 953 [2012]), affirming a judgment of the County Court, Dutchess County, rendered March 20, 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]). Eng, P.J., Dillon, Angiolillo and Dickerson, JJ., concur.