May 15, 2013
The People of the State of New York, respondent,
Umarubor Harvey, appellant. Index No. 700305/10
Umarubor Harvey, Dannemora, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel), for respondent.
Ursula Bentele, Brooklyn, N.Y., former appellate counsel.
MARK C. DILLON, J.P. PLUMMER E. LOTT LEONARD B. AUSTIN SYLVIA HINDS-RADIX, JJ.
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 February 21, 1995 (People v Harvey, 212 A.D.2d 730), affirming a judgment of the Supreme Court, Kings County, rendered March 17, 1992.
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; People v Stultz, 2 N.Y.3d 277).
DILLON, J.P., LOTT, AUSTIN and HINDS-RADIX, JJ., concur.