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People v. McClary

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


January 26, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
ROGER MCCLARY, 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 June 4, 1990 (People v McClary, 162 AD2d 476), affirming a judgment of the Supreme Court, Queens County, rendered May 9, 1988.

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., REINALDO E. RIVERA, PETER B. SKELOS and STEVEN W. FISHER, JJ.

(Ind. No. 4874/86)

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).

PRUDENTI, P.J., RIVERA, SKELOS and FISHER, JJ., concur.

20100126

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