SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
April 14, 2009
THE PEOPLE, ETC., RESPONDENT,
JOHN WHALEY, APPELLANT.
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 October 30, 2007 (People v Whaley, 44 AD3d 1079), affirming a judgment of the County Court, Suffolk County, rendered August 9, 2004.
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.
ROBERT A. SPOLZINO, J.P., ANITA R. FLORIO, JOSEPH COVELLO and DANIEL D. ANGIOLILLO, JJ.
(Ind. No. 2627/03)
DECISION & ORDER
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).
SPOLZINO, J.P., FLORIO, COVELLO and ANGIOLILLO, JJ., concur.
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