Opinion
2014-08-6
The PEOPLE, etc., respondent, v. Shaun STEWART, appellant.
Shaun Stewart, Malone, N.Y., appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Marie John–Drigo of counsel), for respondent.
Shaun Stewart, Malone, N.Y., appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Marie John–Drigo of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig 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 June 13, 2012 ( People v. Stewart, 96 A.D.3d 880, 946 N.Y.S.2d 478), affirming a judgment of the Supreme Court, Kings County, rendered June 17, 2010.
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., CHAMBERS, LOTT and ROMAN, JJ., concur.