Opinion
2011-10-11
The PEOPLE, etc., respondent,v.Walter MORGAN, appellant.
John F. McGlynn, Rockville Centre, N.Y., for appellant, and appellant pro se.Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Middlemiss 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 9, 2007 ( People v. Morgan, 44 A.D.3d 797, 842 N.Y.S.2d 737), affirming a judgment of the County Court, Orange County, rendered January 17, 2006.
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).
MASTRO, J.P., RIVERA, SKELOS and BALKIN, JJ., concur.