Opinion
2014-04-16
The PEOPLE, etc., respondent, v. Dwayne WHAUL, appellant.
Dwayne Whaul, Pine City, N.Y., appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Dwayne Whaul, Pine City, N.Y., appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
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 30, 2009 ( People v. Whaul, 63 A.D.3d 1182, 882 N.Y.S.2d 271), affirming a judgment of the Supreme Court, Kings County, rendered February 9, 2006.
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). RIVERA, J.P., SKELOS, BALKIN and LEVENTHAL, JJ., concur.