People v Ashby
2013 NY Slip Op 07497 [111 AD3d 758]
November 13, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 25, 2013


The People of the State of New York, Respondent,
v
Christopher Ashby, Appellant.

—[*1] Christopher Ashby, Wallkill, N.Y., appellant pro se.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Kevin C. King of counsel), for respondent.

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 December 31, 2001 (People v Ashby, 289 AD2d 588 [2001]), affirming a judgment of the County Court, Nassau County, rendered January 18, 2000.

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., Hall, Roman and Sgroi, JJ., concur.