Opinion
2012-05-15
The PEOPLE, etc., respondent, v. Daniel DAVIS, also known as Michael Johnson, appellant.
Daniel Davis, Malone, N.Y., appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Michael L. Brenner of counsel), for respondent.
Daniel Davis, Malone, N.Y., appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Michael L. Brenner of counsel), for respondent.
Richard L. Herzfeld, P.C., New York, N.Y., former appellate counsel.
*906 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 17, 2000 ( People v. Davis, 271 A.D.2d 618, 706 N.Y.S.2d 357), affirming a judgment of the Supreme Court, Kings County, rendered March 4, 1997.
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 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987; People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883).