Opinion
2012-01-24
The PEOPLE, etc., respondent, v. David MITCHELL, appellant.
David Mitchell, Stormville, N.Y., appellant pro se. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Anne Grady of counsel), for respondent.
David Mitchell, Stormville, N.Y., appellant pro se. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Anne Grady of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Andrew E. Abraham of counsel), former appellate counsel.
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 1, 2009 ( People v. Mitchell, 68 A.D.3d 784, 890 N.Y.S.2d 585), affirming*914 a judgment of the Supreme Court, Richmond County, rendered September 5, 2007.
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, 103 S.Ct. 3308, 77 L.Ed.2d 987; People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883).