September 25, 2013
The People of the State of New York, respondent,
Robert Kelly, appellant. Ind. No. 6167/05
Robert Kelly, Pine City, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Warren S. Landau of counsel), former appellate counsel.
RANDALL T. ENG, P.J., PETER B. SKELOS, THOMAS A. DICKERSON, LEONARD B. AUSTIN, 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 December 8, 2009 (People v Kelly, 68 A.D.3d 895), affirming a judgment of the Supreme Court, Kings County, rendered September 26, 2006.
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., SKELOS, DICKERSON and AUSTIN, JJ., concur.