Opinion
2011-10-11
The PEOPLE, etc., respondent,v.Nayshawn PERKINS, appellant.
Nayshawn Perkins, Elmira, N.Y., appellant pro se.Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Victor Barall of counsel), for respondent.Lynn W.L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), former appellate counsel.
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 April 14, 2009 ( People v. Perkins, 61 A.D.3d 780, 876 N.Y.S.2d 517, affd. 15 N.Y.3d 200, 906 N.Y.S.2d 523, 932 N.E.2d 879), affirming a judgment of the Supreme Court, Kings County, rendered June 14, 2005.
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.