Opinion
2003-01266
01-25-2017
The People of the State of New York, respondent, v. Dana Middleton, appellant.
Dana Middleton, Auburn, NY, appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel), for respondent. Lynn W. L. Fahey, New York, NY, former appellate counsel.
MARK C. DILLON RUTH C. BALKIN JOSEPH J. MALTESE, JJ. (Ind. No. 7194/01)
Dana Middleton, Auburn, NY, appellant pro se.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Lynn W. L. Fahey, New York, NY, former appellate counsel.
DECISION & ORDER
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 16, 2005 (People v Middleton, 18 AD3d 670), affirming a judgment of the Supreme Court, Kings County, rendered January 22, 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 US 745; People v Stultz, 2 NY3d 277).
MASTRO, J.P., DILLON, BALKIN and MALTESE, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court