People v Davis
2013 NY Slip Op 06012 [109 AD3d 998]
September 25, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2013


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

—[*1] Kevin Davis, Malone, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.

Lynn W.L. Fahey, New York, N.Y. (William Kastin 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 January 11, 2011 (People v Davis, 80 AD3d 623 [2011]), affirming a judgment of the Supreme Court, Kings County, rendered April 6, 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., Chambers, Hall and Hinds-Radix, JJ., concur.