Opinion
2012-02-14
The PEOPLE, etc., Respondent, v. Howard BROWN, Appellant.
Howard Brown, Dannemora, N.Y., appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Catherine Dagonese of counsel), for respondent.
Howard Brown, Dannemora, N.Y., appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Catherine Dagonese of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Steven R. Bernhard 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 April 27, 1998 ( People v. Brown, 249 A.D.2d 556, 671 N.Y.S.2d 342), affirming a judgment of the Supreme Court, Kings County, rendered September 5, 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).