People v. Whetstone , 23 N.Y.S.3d 895 ( 2016 )

People v Whetstone (2016 NY Slip Op 00676)

People v Whetstone

2016 NY Slip Op 00676

Decided on February 3, 2016

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 3, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
COLLEEN D. DUFFY, JJ.

1995-06177
(Ind. No. 78/94)

[*1]The People of the State of New York, respondent,

v

Felix Whetstone, appellant.

Felix Whetstone, Dannemora, NY, appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, NY (Deborah E. Wassel, John M. Castellano, Johnnette Traill, and Nancy Fitzpatick Talcott of counsel), for respondent.

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 February 2, 1998 (People v Whetstone, 247 AD2d 414), affirming a judgment of the Supreme Court, Queens County, rendered May 24, 1995.

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).

DILLON, J.P., HALL, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court