People v. McDaniel , 33 N.Y.S.3d 906 ( 2016 )

People v McDaniel (2016 NY Slip Op 05389)

People v McDaniel

2016 NY Slip Op 05389

Decided on July 6, 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 July 6, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
THOMAS A. DICKERSON, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.

2009-07454
2012-02921
(Ind. No. 11388/07)

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

v

William S. McDaniel, appellant.

William McDaniel, Ossining, NY, appellant pro se.

Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove, Morgan J. Dennehy, and Michael L. Brenner 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 September 24, 2014 (People v McDaniel, 120 AD3d 1437), affirming a judgment of the Supreme Court, Kings County, rendered August 3, 2009, and an order of that court dated December 15, 2010.

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; People v Stultz, 2 NY3d 277).

DICKERSON, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court