People v Garrett
2013 NY Slip Op 05757 [109 AD3d 667]
August 28, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, September 25, 2013


The People of the State of New York, Respondent,
v
Tirek Garrett, Appellant.

—[*1] Tirek Garrett, Fallsburg, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort 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 April 10, 2007 (People v Garrett, 39 AD3d 667 [2007]), affirming a judgment of the Supreme Court, Kings County, rendered November 13, 2003.

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, Cohen and Miller, JJ., concur.