Opinion
05-31-2017
The PEOPLE, etc., respondent, v. Desroy CLARKE, appellant.
Desroy Clarke, Ogdensburg, NY, appellant pro se. Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Hae Jin Liu and Raffaelina M. Gianfrancesco of counsel), for respondent.
Desroy Clarke, Ogdensburg, NY, appellant pro se.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Hae Jin Liu and Raffaelina M. Gianfrancesco 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 12, 2012 (People v. Clarke, 101 A.D.3d 897, 957 N.Y.S.2d 164 ), affirming a judgment of the Supreme Court, Westchester County, rendered August 18, 2005.
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 ).
RIVERA, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.