Opinion
2011-09-27
The PEOPLE, etc., respondent,v.Tyrone JOHNSON, appellant.
Robert J. Boyle, New York, N.Y., for appellant.Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Karen W. Weiss, and Johnnette Traill 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 October 6, 2009 ( People v. Johnson, 66 A.D.3d 703, 885 N.Y.S.2d 628), affirming a judgment of the Supreme Court, Queens County, rendered September 10, 2003.
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).
PRUDENTI, P.J., MASTRO, CHAMBERS and LOTT, JJ., concur.