Opinion
07-29-2015
The PEOPLE, etc., respondent, v. Eric WELLINGTON, appellant.
Eric Wellington, Ossining, N.Y., appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent. Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), former appellate counsel.
Eric Wellington, Ossining, N.Y., appellant pro se.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), former appellate counsel.
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 May 10, 2011 (People v. Wellington, 84 A.D.3d 984, 923 N.Y.S.2d 581 ), affirming a judgment of the Supreme Court, Kings County, rendered January 9, 2009.
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 ).
ENG, P.J., DILLON, BALKIN and AUSTIN, JJ., concur.