Opinion
2013-01-16
The PEOPLE, etc., respondent, v. David SIMPKINS, appellant.
David Simpkins, Stormville, N.Y., appellant pro se. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Barbara Kornblau of counsel), for respondent.
David Simpkins, Stormville, N.Y., appellant pro se. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Barbara Kornblau of counsel), for respondent.
Joseph Faraguna, Sag Harbor, N.Y., 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 November 13, 2007 ( People v. Simpkins, 45 A.D.3d 704, 846 N.Y.S.2d 242), affirming a judgment of the County Court, Nassau County, rendered March 8, 2006.
ORDERED that the application is denied.
*885The 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).