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People v. James

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


July 14, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
MOSES JAMES, 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 May 28, 2002 (People v James, 294 AD2d 600), affirming a judgment of the Supreme Court, Kings County, rendered December 16, 1999.

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.

WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, ROBERT A. SPOLZINO & PETER B. SKELOS, JJ.

(Ind. No. 12129/98)

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).

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

20090714

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