People v Sweeney
2013 NY Slip Op 03864 [106 AD3d 1118]
May 29, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 26, 2013


The People of the State of New York, Respondent,
v
Scott Sweeney, Appellant.

[*1] Scott Sweeney, Attica, N.Y., appellant pro se.

Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu, Steven A. Bender, and Richard Longworth Hecht of counsel), for respondent.

Janet A. Gandolfo, 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 May 17, 2011 (People v Sweeney, 84 AD3d 1123 [2011]), affirming a judgment of the County Court, Westchester County, rendered April 13, 2009.

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., Dickerson, Sgroi and Miller, JJ., concur.