People v. McKenzie , 28 N.Y.S.3d 326 ( 2016 )

People v McKenzie (2016 NY Slip Op 02853)

People v McKenzie

2016 NY Slip Op 02853

Decided on April 13, 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 April 13, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
SHERI S. ROMAN
ROBERT J. MILLER, JJ.

2006-02458

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

v

Patrick McKenzie, appellant. (S.C.I. No. 234/05)

Calhoun & Lawrence, LLP, White Plains, NY (Clinton W. Calhoun III of counsel), for appellant.

Steven R. Lewis, Special District Attorney, White Plains, NY, 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 May 13, 2008 (People v McKenzie, 51 AD3d 823), affirming a judgment of the County Court, Putnam County, rendered November 22, 2005.

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).

LEVENTHAL, J.P., DICKERSON, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court