Opinion
2016–06177 Ind.No. 15–00367
06-26-2019
The PEOPLE, etc., Respondent, v. Octavious D. WILBORN, Appellant.
Octavious D. Wilborn, Malone, NY, appellant pro se.
Octavious D. Wilborn, Malone, NY, appellant pro se.
David M. Hoovler, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
RUTH C. BALKIN, J.P., ROBERT J. MILLER, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.
DECISION & ORDERApplication 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 August 1, 2018 ( People v. Wilborn , 164 A.D.3d 530, 83 N.Y.S.3d 98 ), affirming a judgment of the County Court, Orange County, rendered May 26, 2016.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., MILLER, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.