September 25, 2013
The People of the State of New York, respondent,
Kevin Davis, appellant Ind. No. 6819/06
Kevin Davis, Malone, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (William Kastin of counsel), former appellate counsel.
RANDALL T. ENG, P.J., CHERYL E. CHAMBERS, L. PRISCILLA HALL, SYLVIA O. 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 January 11, 2011 (People v Davis, 80 A.D.3d 623), affirming a judgment of the Supreme Court, Kings County, rendered April 6, 2008.
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).
ENG, P.J., CHAMBERS, HALL and HINDS-RADIX, JJ., concur.