Opinion
2012-02-21
The PEOPLE, etc., respondent, v. Corey FRANKLIN, appellant.
Corey Franklin, Napanoch, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.
Corey Franklin, Napanoch, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (John M. Dowden 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 May 10, 2004 ( People v. Franklin, 7 A.D.3d 966, 776 N.Y.S.2d 596), affirming a judgment of the County Court, Suffolk County, rendered November 24, 1998.
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).