People v Khan
2013 NY Slip Op 02593 [105 AD3d 975]
April 17, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 29, 2013


The People of the State of New York, Respondent,
v
Abu Khan, Appellant.

[*1] Abu Khan, Stormville, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Jill Gross Marks of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Jonathan M. Kratter 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 25, 2011 (People v Khan, 88 AD3d 1014 [2011]), affirming a judgment of the Supreme Court, Queens County, rendered July 24, 2007.

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, Balkin and Cohen, JJ., concur.