Opinion
2011-10-11
The PEOPLE, etc., respondent,v.Luther BROOKS, appellant.
Luther Brooks, Napanoch, N.Y., appellant pro se.Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Seth M. Lieberman, and Marie–Claude P. Wrenn–Myers 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 February 9, 1998 ( People v. Brooks, 247 A.D.2d 486, 669 N.Y.S.2d 294), affirming a judgment of the Supreme Court, Kings County, rendered September 19, 1995.
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).
MASTRO, J.P., RIVERA, SKELOS and FLORIO, JJ., concur.