People v. Kirksey ( 2021 )

People v Kirksey (2021 NY Slip Op 06703)

People v Kirksey

2021 NY Slip Op 06703

Decided on December 1, 2021

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 December 1, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ROBERT J. MILLER, J.P.
COLLEEN D. DUFFY
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.

2010-02584
(Ind. No. 236/05)

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

v

Alphonso Kirksey, appellant.

Alphonso Kirksey, Stormville, NY, appellant pro se.

David M. Hoovler, District Attorney, Goshen, NY (Edward D. Saslaw 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 June 12, 2013 (People v Kirksey, 107 AD3d 825), affirming a judgment of the County Court, Orange County, rendered October 7, 2009.

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).

MILLER, J.P., DUFFY, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court