Opinion
2007-09575
08-19-2015
The PEOPLE, etc., respondent, v. Donnell GENYARD, appellant.
Donnell Genyard, Elmira, N.Y., appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Johnnette Traill, Ellen C. Abbot, and Anastasia Spanakos of counsel), for respondent. Lynn W.L. Fahey, New York, N.Y., former appellate counsel.
Donnell Genyard, Elmira, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Johnnette Traill, Ellen C. Abbot, and Anastasia Spanakos of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y., former appellate counsel.
Opinion
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 31, 2011 (People v. Genyard, 84 A.D.3d 1398, 923 N.Y.S.2d 883 ), affirming a judgment of the Supreme Court, Queens County, rendered September 17, 2007.
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 ).
DILLON, J.P., SGROI, COHEN and MILLER, JJ., concur.