May 29, 2013
The People of the State of New York, respondent,
Scott Sweeney, appellant. Ind. No. 08-00869
Scott Sweeney, Attica, N.Y., appellant pro se.
Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu, Steven A. Bender, and Richard Longworth Hecht of counsel), for respondent.
Janet A. Gandolfo, Sleepy Hollow, N.Y., former appellate counsel.
DANIEL D. ANGIOLILLO, J.P., THOMAS A. DICKERSON, SANDRA L. SGROI, ROBERT J. MILLER, 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 May 17, 2011 (People v Sweeney, 84 A.D.3d 1123), affirming a judgment of the County Court, Westchester County, rendered April 13, 2009.
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).
ANGIOLILLO, J.P., DICKERSON, SGROI and MILLER, JJ., concur.