Opinion
2014-06-11
The PEOPLE, etc., respondent, v. Kenneth HARVEY, appellant.
Kenneth Harvey, Gowanda, N.Y., appellant pro se. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Kenneth Harvey, Gowanda, N.Y., appellant pro se. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Yasmin Daley Duncan, Brooklyn, N.Y., 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 December 26, 2000 ( People v. Harvey, 278 A.D.2d 511, 718 N.Y.S.2d 652), affirming two judgments of the County Court, Rockland County, both rendered December 22, 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). DILLON, J.P., HALL, SGROI and BARROS, JJ., concur.