Opinion
11-02-2016
The PEOPLE, etc., respondent, v. Darrell VENABLE, appellant.
Darrell Venable, Fallsburg, NY, appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent. Lynn W.L. Fahey, New York, NY, former appellate counsel.
Darrell Venable, Fallsburg, NY, appellant pro se.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.
Lynn W.L. Fahey, New York, NY, 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 May 10, 2004 (People v. Venable, 7 A.D.3d 647, 776 N.Y.S.2d 497 ), affirming a judgment of the Supreme Court, Kings County, rendered April 5, 1999.
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 ).
BALKIN, J.P., HALL, BARROS and BRATHWAITE NELSON, JJ., concur.