Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentSep 21, 2010
907 N.Y.S.2d 687 (N.Y. App. Div. 2010)
907 N.Y.S.2d 68776 A.D.3d 10302010 N.Y. Slip Op. 6643

No. 2007-02836.

September 21, 2010.

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 November 4, 2009 ( People v Browne, 67 AD3d 697), affirming a judgment of the Supreme Court, Queens County, rendered March 8, 2007.

Gamel N. Browne, Ossining, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Rebecca Kramer of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Jonathan M. Kratter of counsel), former appellate counsel.

Before: Rivera, J.P., Fisher, Belen and Austin, JJ.

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 US 745; People v Stultz, 2 NY3d 277).