Opinion
2011-12-13
The PEOPLE, etc., respondent, v. Keith TODD, appellant.
Keith Todd, Elmira, N.Y., appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Ayelet Sela of counsel), for respondent.
Keith Todd, Elmira, N.Y., appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Ayelet Sela of counsel), for respondent.
Lynn W.L. Fahey, New York, 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 June 23, 2003 ( People v. Todd, 306 A.D.2d 504, 761 N.Y.S.2d 312), affirming a judgment of the Supreme Court, Queens County, rendered November 6, 2000.
ORDERED that the application is denied.
*347 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).