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People v. Butler

December 16, 2008

THE PEOPLE, ETC., RESPONDENT,
v.
GARY L. BUTLER, APPELLANT.



Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

A. GAIL PRUDENTI, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA and ROBERT A. SPOLZINO, JJ.

(Ind. No. 87-01520)

DECISION & ORDER

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 November 6, 1989 (People v Butler, 155 AD2d 476), affirming a judgment of the County Court, Westchester County, rendered January 29, 1988.

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 US 745; People v Stultz, 2 NY3d 277).

PRUDENTI, P.J., MASTRO, RIVERA and SPOLZINO, JJ., concur.

20081216

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