Opinion
01-21-2015
The PEOPLE, etc., respondent, v. Keith NEWBORN, appellant.
Keith Newborn, Naponach, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Keith Newborn, Naponach, N.Y., appellant pro se.Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
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 July 17, 2007 (People v. Newborn, 42 A.D.3d 506, 840 N.Y.S.2d 609 ), affirming a judgment of the County Court, Suffolk County, rendered October 14, 2004.
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 ).
RIVERA, J.P., DICKERSON, ROMAN and COHEN, JJ., concur.