Opinion
10-07-2015
The PEOPLE, etc., respondent, v. Corey HERB, appellant.
Corey Herb, Walkill, N.Y., appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel), for respondent. Lynn W.L. Fahey, New York, N.Y. (Mark W. Vorkink of counsel), former appellate counsel.
Corey Herb, Walkill, N.Y., appellant pro se.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel), for respondent.Lynn W.L. Fahey, New York, N.Y. (Mark W. Vorkink of counsel), 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 October 9, 2013 (People v. Herb, 110 A.D.3d 829, 972 N.Y.S.2d 668 ), affirming a judgment of the Supreme Court, Kings County, rendered August 17, 2011.
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., LEVENTHAL, ROMAN and COHEN, JJ., concur.